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No. 122985
| City of Novi, |
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Thomas R. Schultz |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(
Oakland - Cooper, J.) |
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| Robert Adell Childrens Funded Trust, Franklin |
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H. Adam Cohen |
| Adell Childrens Funded Trust, Marvin Adell |
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| Childrens Funded Trust, and Novi Expo Center, Inc., |
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Defendants-Appellees. |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Plaintiff-Appellant's Reply Brief>>
Plaintiff-Appellant's Reply to Appellee's Reply Brief>>
Defendants-Appellees Adell Childrens Funded Trusts' Brief on Appeal>>
Defendants-Appellees Adell Childrens Funded Trusts' Reply Brief>>
Background
In August 1998, the Novi City Council passed resolutions declaring the necessity and taking of the defendants' property for the purpose of creating a road that would benefit, among others, Wisne Corporation. The City of Novi filed a condemnation complaint in September 1998, pursuant to the Uniform Condemnation Procedures Act, MCL 213.51 et seq. The defendants, the Adell Children's Funded Trusts, filed a motion challenging the public purpose and necessity of the taking, pursuant to MCL 213.56. They claimed that the taking was for the private purpose of benefiting Wisne, pointing out Wisne's financial support for the road and documents referring to the benefit Wisne would receive from the road. Following a three-day hearing, the trial court concluded that the proposed taking was unconstitutional. The court found that the proposed road primarily benefited Wisne, and that this benefit predominated over the benefit to the general public. The Court of Appeals affirmed the trial court's ruling. The City of Novi appeals.
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