O'DESS v. GRAND TRUNK WESTERN R. CO.

Docket No. 168827.

555 N.W.2d 261 (1996)

218 Mich. App. 694

Lawrence F. O'DESS, Candice B. O'Dess, Clarence Mylin, Jeanette Mylin, Lynn G. Dingman, Ellen M. Dingman, William Firment, Helen E. Firment, Jeffrey L. Frost, Mary A. Frost, Robert J. Klepper, Constant L. Klepper, Margaret Keeley Kornhauser, Carl Schmidt, Mildred Schmidt, Paul W. Ousnamer, Nancy R. Ousnamer, Robert E. Schulz, Kathleen E. Schulz, Leon Silber, Roger W. Murray, Nancy J. Murray, and Marion Haddrill, Plaintiffs-Appellants, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 13, 1996, at 9:05 a.m.

Released for Publication November 8, 1996.


Attorney(s) appearing for the Case

Anderson & Stull by Edward R. Noonan, Lansing, for plaintiffs.

Kevin M. Stanko, Detroit, for defendant.

Before MacKENZIE, P.J., and SAAD and C.F. YOUNGBLOOD, JJ.


PER CURIAM.

This case was brought in 1991 pursuant to M.C.L. § 469.221; M.S.A. § 22.591,1 governing the abandonment of subsidized railroads. Plaintiffs appeal as of right from an order granting summary disposition in favor of defendant. We affirm.

In the 1880s, defendant's predecessor acquired land from plaintiffs' predecessors in interest in order to construct the Pontiac Oxford railroad track on the land. The consideration...

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