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CONSUMERS ENERGY CO. v. STORM

No. 162416.

983 N.W.2d 397 (2022)

509 Mich. 195

CONSUMERS ENERGY COMPANY, Plaintiff-Appellant/Cross-Appellee, v. Brian STORM and Erin Storm, Defendants-Appellees/Cross-Appellants, and Lake Michigan Credit Union, Defendant.

Supreme Court of Michigan.

Decided May 10, 2022.

Attorney(s) appearing for the Case

Aaron L. Vorce for Consumers Energy Company.

Miller Johnson (by Stephen J. van Stempvoort , Grand Rapids , and Craig H. Lubben , Kalamazoo) for Brian Storm and Erin Storm.

Zausmer, PC (by Mischa M. Boardman , Farmington Hills, Devin R. Sullivan , and Nathan S. Scherbarth , Detroit) for International Transmission Company and Michigan Electric Transmission Company, LLC, amici curiae.

BEFORE THE ENTIRE BENCH.

OPINION

In this eminent domain action, we consider whether a condemning agency has an appeal as of right when a trial court determines there is no public necessity for a proposed acquisition by condemnation. We hold that MCL 213.56 affords the condemning agency an appeal as of right in this circumstance. We therefore reverse in part...

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