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DOT v. FRANKENLUST LUTH. CONG.

Docket Nos. 257206, 257225.

711 N.W.2d 453 (2006)

269 Mich. App. 570

DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. FRANKENLUST LUTHERAN CONGREGATION, Evangelical Lutheran St. Paul Church, Evangelical Lutheran St. Paul Church Trustees, and St. Paul Lutheran Church, Defendants-Appellees. Department Of Transportation, Plaintiff-Appellee, v. Frankenlust Lutheran Congregation, Evangelical Lutheran St. Paul Church, Evangelical Lutheran St. Paul Church Trustees, and St. Paul Lutheran Church, Official Reported Version Defendants-Appellants.

Court of Appeals of Michigan.

Decided January 31, 2006, at 9:05 a.m.

Released for Publication March 31, 2006.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Patrick F. Isom, Assistant Attorney General, and Lawrence P. Schneider, Special Assistant Attorney General, for the plaintiff.

Monaghan, LoPrete, McDonald, Yakima, Grenke & McCarthy, P.C. (by Thomas J. McCarthy), Bloomfield Hills, for the defendants.

Before: HOEKSTRA, P.J., and NEFF and DAVIS, JJ.

HOEKSTRA, J.

In this action to determine just compensation for property condemned under the provisions of the Uniform Condemnation Procedures Act (UCPA), MCL 213.51 et seq., we are asked to decide whether, and to what extent, the parties may present evidence of precondemnation and postcondemnation property valuations at the compensation trial. We hold that a condemning authority is not bound by precondemnation statements and offers of just compensation, and...

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