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NOLAN BROS., INC. v. CITY OF ROYAL OAK

Docket No. 179387.

557 N.W.2d 925 (1996)

219 Mich. App. 611

NOLAN BROTHERS OF TEXAS, INC., Plaintiff-Appellee, v. CITY OF ROYAL OAK, Defendant-Appellant, and Michigan Municipal League, Amicus Curiae.

Court of Appeals of Michigan.

Decided November 1, 1996, at 9:05 a.m.

Released for Publication January 24, 1997.

Attorney(s) appearing for the Case

Hyman and Lippitt, P.C. by H. Joel Newman and Roger L. Myers, Birmingham, for plaintiff-appellee.

Johnson, Rosati, Galica, Shifman, LaBarge, Aseltyne, Sugameli & Field, P.C. by Carol A. Rosati, Farmington Hills, and Charles Semchena, Jr., Royal Oak, for defendant-appellant.

Kohl, Secrest, Wardle, Lynch, Clark and Hampton by Gerald A. Fisher and William P. Hampton, Farmington Hills, for amicus curiae Michgan Municipal League.

Before HOEKSTRA, P.J., and MICHAEL J. KELLY and J.M. GRAVES, Jr., JJ.

HOEKSTRA, Presiding Judge.

Defendant, City of Royal Oak, appeals by leave granted from an order of the Oakland Circuit Court denying its motion for reconsideration of an earlier order granting partial summary disposition for plaintiff and denying defendant's motion for partial summary disposition in this zoning action. We reverse.

The property at issue is located in the City of Royal Oak and is currently owned by the Michigan Department of Transportation ...

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