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CITY OF ANSING v. EDWARD ROSE REALTY, INC.

Docket Nos. 187701, 187702.

568 N.W.2d 159 (1997)

224 Mich. App. 235

CITY OF LANSING, Plaintiff-Appellee, v. EDWARD ROSE REALTY, INC., and Trappers Cove Apartments—Stage 3, Defendants-Appellants. CITY OF LANSING, Plaintiff-Appellee, v. EDWARD ROSE ASSOCIATES, INC. d/b/a Flint Building Company, Inc., Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 17, 1997, at 9:15 a.m.

Released for Publication September 11, 1997.

Attorney(s) appearing for the Case

James D. Smiertka, City Attorney, and Dickinson, Wright, Moon, Van Dusen & Freeman by Gregory L. McClelland and Jeffery V. Stuckey, and Latterman & Associates, P.C. by Mark A. Latterman, Lansing, for Plaintiff-Appellee.

Farhat, Story, & Kraus, P.C. by Richard C. Kraus, East Lansing, and Winston & Strawn by Deborah C. Costlow, Washington, D.C., for Defendants-Appellants.

Before FITZGERALD, P.J., and MacKENZIE and TAYLOR, JJ.

MacKENZIE, Judge.

In these consolidated appeals, defendants Edward Rose Realty, Inc., Trappers Cove Apartments—Stage 3, and Edward Rose Associates, Inc., appeal as of right from an order awarding them a portion of the attorney fees and expenses they requested. We reverse.

Plaintiff City of Lansing instituted condemnation proceedings against defendants, the owners of two separate apartment complexes. The issue whether plaintiff could properly institute...

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