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VILLAGE OF OXFORD v. NATHAN GROVE FAMILY, LLC

Docket No. 258060.

717 N.W.2d 400 (2006)

270 Mich. App. 685

VILLAGE OF OXFORD, Plaintiff-Appellant, v. NATHAN GROVE FAMILY, LLC, Defendant-Appellee, and Oxford Bank, Joan Weckle, David Weckle and Capac State Savings Bank, Defendants.

Court of Appeals of Michigan.

Decided February 14, 2006.

Approved for publication April 25, 2006, at 9:00 a.m.

Released for Publication July 7, 2006.

Attorney(s) appearing for the Case

Robert L. Bunting and O'Reilly Rancilio P.C. (by Robert Charles Davis), Sterling Heights, for the village of Oxford.

Adkison, Need & Allen, PLLC (by Gregory K. Need), Bloomfield Hills, for Nathan Grove Family, LLC.

Before: BORRELLO, P.J., and SAWYER and FITZGERALD, JJ.

PER CURIAM.

Plaintiff village of Oxford appeals as of right a circuit court order granting the motion by defendant Nathan Grove Family, LLC, that challenged the necessity of the taking in this condemnation case. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).

The parties and the trial court erred in treating defendant's motion as one for summary disposition pursuant to MCR...

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