MICH. DEPT. OF TRANSP. v. HAGGERTY CORRIDOR PARTNERS LTD. PARTNERSHIP

Docket No. 124765. Calendar No. 1.

700 N.W.2d 380 (2005)

473 Mich. 124

MICHIGAN DEPARTMENT OF TRANSPORTATION, Plaintiffs-Appellee, v. HAGGERTY CORRIDOR PARTNERS LIMITED PARTNERSHIP, Paul D. Yager, trustee, also known as Paul D. Yeger, and Neil J. Sosin, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 15, 2005.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Patrick Isom, Assistant Attorney General in Charge, and Raymond O. Howd, First Assistant Attorney General, Lansing, for the plaintiff.

Plunkett & Cooney, P.C. (by Mary Massaron Ross), Detroit, Ackerman & Ackerman, P.C. (by Alan T. Ackerman and Darius W. Dynkowski), Troy, and Jaffe, Raitt, Heuer & Weiss, P.C. (by Brian G. Shannon and Mark P. Krysinski), Southfield, for the defendants.


YOUNG, J.

Defendants own land that was partially taken in condemnation proceedings initiated by plaintiff. At issue is whether the trial court properly allowed defendants to present, in support of their proffered calculation of just compensation, evidence that their property had been rezoned from residential to commercial after the taking.

We conclude that the evidence of the posttaking rezoning was irrelevant to the issue of the condemned property's fair...

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