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DEPT. OF TRANSPORTATION v. GOIKE

Docket No. 176456.

560 N.W.2d 365 (1996)

220 Mich. App. 614

DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. Michael GOIKE, Marjorie Goike, Paul C. Stewart, and Carolee Stewart, Defendants-Appellants.

Court of Appeals of Michigan.

Decided December 27, 1996, at 9:05 a.m.

Released for Publication March 18, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Marc G. Whitefield, Assistant Attorney General, for plaintiff-appellee.

Eric G. Flinn, Sterling Heights, for defendants-appellants.

Before SAWYER, P.J., and BANDSTRA and M.J. TALBOT, JJ.

SAWYER, Presiding Judge.

Defendants appeal from a judgment of the circuit court in favor of plaintiff in this mineral rights dispute. We affirm.

Defendants are the former owners of certain real property located in Washington Township in Macomb County. Plaintiff acquired the property in order to improve Highway M-53 and was granted title in fee simple. However, it is undisputed that, pursuant to M.C.L. § 213.53; M.S.A. § 8.265(3), defendants retained...

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