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HILL v. CITY OF WARREN

No. 266426.

740 N.W.2d 706 (2007)

276 Mich. App. 299

Robert HILL, Shirley Hill, Timothy Carlson, Randall Kolodziejski, Linda Kolodziejski, William Glasson, Beverly Glasson, David Abraham, Kristin Abraham, Dennis D. Marlowe, Dennis Hight, Tracy Hight, Ted Dobek, Carolyn Kupiec, Frederick Cross, Michelle Cross, Sandra Powers, Daniel G. Olivares, Francesco Simone, Pamela Simone, Gary Potapshyn, Gerald Kowalski, and Frank Vitale, Plaintiffs-Appellees, v. CITY OF WARREN, Defendant-Appellant.

Court of Appeals of Michigan.

Decided July 24, 2007, at 9:00 a.m.

Released for Publication October 26, 2007.

Attorney(s) appearing for the Case

Mantese and Associates, P.C. (by Gerard V. Mantese and Mark C. Rossman), and Fraser & Souweidane, P.C. (by Stuart A. Fraser, IV), Troy, Mount Clemens, for the plaintiffs.

Garan Lucow Miller, P.C. (by Rosalind Rochkind and John J. Gillooly), Detroit, for the defendant.

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

DAVIS, P.J.

Defendant appeals the trial court's order granting plaintiffs' motion for class certification. We affirm.

This is not the first time this matter has been before this Court. In a prior appeal, this Court set forth the background facts:

In the late 1950's and early 1960's, the City of Warren planted silver maple trees on public easements between the sidewalk and street curb in front of residents' homes. In 1967, the city prohibited further...

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