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LYON TP. v. MCDONALD'S USA

Docket No. 294074.

809 N.W.2d 167 (2011)

292 Mich. App. 660

LYON CHARTER TOWNSHIP v. McDONALD'S USA, LLC.

Court of Appeals of Michigan.

Decided May 24, 2011, at 9:00 a.m.

Attorney(s) appearing for the Case

Landry, Mazzeo & Dembinski, P.C.(by Nancy Vayda Dembinski , Farmington Hills), for Lyon Charter Township.

Carson Fischer, P.L.C., Bloomfield Hills, (by Robert M. Carson and Jeffrey B. Miller ), for Milford Road East Development Associates, L.L.C.

Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C., Kalamazoo, (by John K. Lohrstorfer ), for the Michigan Townships Association and the Michigan Municipal League Legal Defense Fund.

Before: O'CONNELL, P.J., and SAAD and BECKERING, JJ.

O'CONNELL, P.J.

In this condemnation action under the Uniform Condemnation Procedures Act (UCPA), MCL 213.51 et seq., plaintiff, Lyon Charter Township, appeals as of right the trial court's judgment awarding compensation to the intervening defendant, Milford Road East Development Associates, L.L.C. (hereafter defendant). We reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

In 2002, plaintiff and defendant executed and recorded a planned...

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