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IN RE CONDEMNATION OF PROPERTY

Docket Nos. 161544, 161545, 161546.

209 Mich. App. 336 (1995)

530 N.W.2d 183

In re CONDEMNATION OF PRIVATE PROPERTY FOR HIGHWAY PURPOSES (DEPARTMENT OF TRANSPORTATION v. D & T CONSTRUCTION COMPANY)

Michigan Court of Appeals.

Decided March 20, 1995, at 9:05 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Assistant Attorney General, for the Department of Transportation.

Mason, Steinhardt, Jacobs & Perlman, P.C. (by Walter B. Mason, Jr., and Frederick D. Steinhardt), for D & T Construction Company.

Before: TAYLOR, P.J., and HOLBROOK, JR., and M.E. DODGE, JJ.

TAYLOR, P.J.

Plaintiff, Michigan Department of Transportation (DOT), appeals as of right the trial court's order granting defendant D&T Construction Company's motion to compel payment of attorneys fees in this condemnation case. D&T Construction Company (hereafter defendant) is the sole actively participating defendant remaining in this case. We reverse and remand for reconsideration of the reasonableness of the fee award.

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