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MICHIGAN DEPT. OF TRANSP. v. TOMKINS

Docket No. 132983. Calendar No. 3.

749 N.W.2d 716 (2008)

MICHIGAN DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. Rodney TOMKINS and Darcy Tomkins, Defendants-Appellees.

Supreme Court of Michigan.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Raymond O. Howd and Patrick F. Isom, Assistant Attorneys General, for the plaintiff.

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

Patrick J. Wright, Midland, for the Mackinac Center, Midland, for Public Policy, amicus curiae.

Hubbard, Fox, Thomas, White & Bengtson, P.C. (by Geoffrey H. Seidlein and Stacy L. Hissong), Lansing, for the Michigan Association of County Drain Commissioners, amicus curiae.

Miller, Canfield, Paddock and Stone, P.L.C. (by William J. Danhof and Jeffrey S. Aronoff), Detroit, for the Michigan Municipal League, the Michigan Association of Counties, the Michigan Townships Association, the County Roads Association of Michigan, and the Michigan Municipal Electric Association, amici curiae.

Ackerman Ackerman & Dynkowski (by Alan T. Ackerman and Darius W. Dynkowski), Bloomfield Hills, for other affected landowners.

YOUNG, J.

This case involves a partial taking of defendants' property in connection with the construction of the M-6 highway. We are asked in this case to examine the scope of damages permitted under the phrase "just compensation" in article 10, § 2 of the 1963 Michigan Constitution. In addition to the fair market damages associated with the land taken, defendants also sought damages associated with the dust, dirt, noise, and related general effects of

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