M&D, INC. v. McCONKEY

Docket No. 175201.

585 N.W.2d 33 (1998)

231 Mich. App. 22

M&D, INC., Donmar, Inc., Donald Gundle, Marie Gundle, and Donna Gundle Krieg, Plaintiffs-Appellants, v. W.B. McCONKEY d/b/a Relenco Partnership, McConkey Real Estate Company, Barbara C. Weed, Lou Ann Hessemer, Richard Paschack Thomas J. Sullivan, Pamela M. Sullivan, Charles C. Aymond, Dana C. Aymond, and State of Michigan, Defendants-Appellees, and Carl Engineers, Inc., C. Donovan Carl, and Linda G. Carl, Defendants.

Court of Appeals of Michigan.

Decided July 31, 1998, at 9:10 a.m.

Released for Publication October 23, 1998.


Attorney(s) appearing for the Case

Cummings, McClorey, Davis & Acho by Ronald G. Acho and Grogory L. Ulrich, Livonia, for plaintiffs.

Dennis E. Whedon, P.C. by Dennis E. Whedon and Charles H. Aymond, P.C. by JoAnne Rosenfeld, Jackson, for W.B. McConkey, Relenco Partnership, and others.

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Jerome C. Cavanagh, Asst. Atty. Gen., for Mich. Dept. of Transp.

Dickinson Wright PLLC by Jeffery V. Stuckey and Edward R. Becker, Lansing, for W.B. McConkey, McConkey Real Estate Co. and others.

Before JANSEN, P.J., and MacKENZIE, WAHLS, GRIBBS, MURPHY, FITZGERALD, and O'CONNELL, JJ.


JANSEN, Presiding Judge.

Pursuant to MCR 7.215(H), this special conflict panel was convened to resolve the conflict between the prior opinion in this case, 226 Mich.App. 801, 573 N.W.2d 281 (1997), and Shimmons v. Mortgage Corp. of America, 206 Mich.App. 27, 520 N.W.2d 670

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