CITY OF KALAMAZOO v. KTS INDUSTRIES, INC.

Docket No. 251199.

687 N.W.2d 319 (2004)

263 Mich. App. 23

CITY OF KALAMAZOO, Plaintiff-Appellant, v. KTS INDUSTRIES, INC., Riverside Foundry & Galvanizing Company and Riverside Foundry Company, Defendants-Appellees.

Court of Appeals of Michigan.

Decided July 8, 2004, at 9:10 a.m.

Released for Publication September 29, 2004.


Attorney(s) appearing for the Case

Robert H. Cinabro, City Attorney, and Randall S. Schau, Assistant City Attorney, Kalamazoo, for the plaintiff.

Miller, Johnson, Snell & Cummiskey, P.L.C. (by Craig H. Lubben), Kalamazoo, for KTS Industries, Inc., Riverside Foundry and Galvanizing Company, and Riverside Foundry Company.

Monaghan, LoPrete, McDonald, Yakima, Grenke & McCarthy (by Boris K. Yakima), Bloomfield Hills, for Michigan Municipal League.

Before: JANSEN, P.J., and MARKEY and GAGE, JJ.


GAGE, J.

Plaintiff appeals by leave granted the trial court order denying plaintiff's motion to strike defendants' jury demand regarding the issue of necessity in this condemnation action. We reverse.

The dispute at issue requires this Court to analyze the procedural aspects of a condemnation case to determine whether a property owner is entitled to a jury trial concerning the necessity of the condemnation. This controversy should have been relatively easy...

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