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SILVER CREEK DRAIN DIST. v. EXTRUSIONS DIV., INC.

Docket No. 119721, Calendar No. 8.

663 N.W.2d 436 (2003)

468 Mich. 367

SILVER CREEK DRAIN DISTRICT, Plaintiff-Appellant, v. EXTRUSIONS DIVISION, INC., and Azzar Store Equipment, Inc, Defendants-Appellees.

Supreme Court of Michigan.

Decided June 17, 2003.

Attorney(s) appearing for the Case

Varnum, Riddering, Schmidt & Howlett LLP (by Mark S. Allard and Matthew Zimmerman), Grand Rapids, MI, for the plaintiff-appellant.

Warner Norcross & Judd LLP (by Douglas A. Dozeman and Christian E. Meyer), Grand Rapids, MI, for the defendants-appellees.

Miller, Canfield, Paddock & Stone, PLC, (by James R. Lancaster, Jr., Clifford T. Flood, and Thomas C. Phillips), Lansing, MI, Amici Curiae, for the Michigan Municipal League.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Assistant Attorney General, Lansing, MI, Amici Curiae, for property owners in Ypsilanti.

Ackerman & Ackerman, P.C., (by Alan T. Ackerman), Troy, MI, Amici Curiae, for the Michigan Department of Transportation.

TAYLOR, J.

We granted leave to appeal in this case to consider whether environmental-contamination conditions are factors to be considered when a court is determining fair market value to establish just compensation in a condemnation action under the Uniform Condemnation Procedures Act (UCPA), M.C.L. § 213.51 et seq. We hold that they are to be considered. Accordingly, we reverse the judgment of the Court of Appeals in this regard and remand this matter...

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