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MICH. DEP'T OF TRANSP. v. TOMKINS

Docket No. 256038.

715 N.W.2d 363 (2006)

270 Mich. App. 153

MICHIGAN DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. Rodney Tomkins and Darcy TOMKINS, Defendants-Appellants.

Court of Appeals of Michigan.

Decided March 2, 2006, at 9:00 a.m.

Released for Publication May 11, 2006.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Raymond O. Howd, First Assistant Attorney General, and Robert L. Mol, Assistant Attorney General, for the plaintiff.

Rhoades McKee (by Scott J. Steiner), Grand Rapids, for the defendants.

Before: WHITBECK, C.J., and BANDSTRA and MARKEY, JJ.

PER CURIAM.

In this condemnation action, defendants Rodney Tomkins and Darcy Tomkins appeal by right the trial court's order granting plaintiff Michigan Department of Transportation (MDOT) summary disposition under MCR 2.116(C)(10). We reverse and remand.

I. Basic Facts And Procedural History

This case stems from a right-of-way that MDOT acquired for construction of the M-6 highway just outside of Grand Rapids. The 20-mile, $420 million M-6 project...

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