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BERGMANN v. MICHIGAN STATE TRANSP. COM'N

Nos. 10-1708, 10-1770.

665 F.3d 681 (2011)

Dietrich R. BERGMANN, individually and as the successor in interest of, Phyllis A. Hillson Bergmann, Plaintiffs-Appellees/Cross-Appellants, v. MICHIGAN STATE TRANSPORTATION COMMISSION; Michigan Department of Transportation, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2011.

Attorney(s) appearing for the Case

ARGUED: John P. Mack , Office of the Attorney General, Lansing, Michigan, for Appellants. William P. Godfroy , Czeryba & Godfroy, Monroe, Michigan, for Appellees. ON BRIEF: John P. Mack , Office of the Attorney General, Lansing, Michigan, for Appellants. William P. Godfroy , Czeryba & Godfroy, Monroe, Michigan, for Appellees.

Before: KENNEDY, GIBBONS, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

The district court partially granted Dietrich Bergmann's motion to enforce a decades-old consent decree concerning some real estate he owned in Detroit. In deciding which portions of the decree are enforceable, however, the court incorrectly looked to Michigan's statute of limitations, rather than the doctrine of laches. We vacate and remand.

I.

In 1979, Dietrich Bergmann bought land in Detroit from the...

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