CITY OF NOVI v. ROBERT ADELL CHILDREN'S FUNDED TRUST

Docket No. 122985. Calendar No. 6.

701 N.W.2d 144 (2005)

473 Mich. 242

CITY OF NOVI, Plaintiff-Appellant, v. ROBERT ADELL CHILDREN'S FUNDED TRUST, Franklin Adell Children's Funded Trust, Marvin Adell Children's Funded Trust, and Novi Expo Center, Inc., Defendants-Appellees.

Supreme Court of Michigan.

Decided July 20, 2005.


Attorney(s) appearing for the Case

Secrest Wardle (by Gerald A. Fisher, Thomas R. Schultz, and Stephen P. Joppich), Farmington Hills, MI, for the plaintiff.

Steinhardt Pesick & Cohen, Professional Corporation (by H. Adam Cohen, Jerome P. Pesick, and Jason C. Long), Southfield, MI, for the defendants.


TAYLOR, C.J.

In this land condemnation case where the city of Novi is attempting to take private property to construct a road, the first issue is whether the requirement of a public use, under Const. 1963, art. 10, § 2, is met when the proposed road will be available for use by the public but will be primarily used by a private entity that has contributed funds to the project. We conclude that such a road does qualify as a public use. The second issue is whether...

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