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No. 123091
| Freda Alibri, |
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Joseph M. Rogowski II (313) 225-7000 |
| Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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| (Wayne - Tertzag, K.) |
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| Detroit Wayne County Stadium Authority, |
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Avery K. Williams
(313) 963-3873 |
| Defendant-Appellee. |
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| _____________________________________ |
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Background
Freda Alibri claims that when she and the Detroit Wayne County Stadium Authority were negotiating about the sale of her property for stadium parking, the Stadium Authority told Alibri that if the purchase negotiations were unsuccessful, it would use its condemnation power to take the property. The parties entered into an option contract in which Alibri agreed to sell the property for $268,498. The Stadium Authority exercised the option purchasing the property with money borrowed from the Detroit Tigers. When the stadium project was scaled back and Alibri's property was no longer needed, the Stadium Authority repaid the loan by transferring the property to the Tigers.
Alibri sued the Stadium Authority, asking to have the option contract rescinded or set aside. The Wayne County Circuit Court ruled in Alibri's favor, finding that there had been a failure of consideration, mutual mistakes of fact, and innocent misrepresentations. The court also found that as a result of the Stadium Authority's representations regarding its ability to condemn the property, Alibri had agreed to sell the property at below market value. The Court of Appeals reversed in a published opinion, holding that none of the Alibri's four contract theories justified rescission of the contract. Alibri appeals.
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