Legal Opinion · Dissent

City of Novi v. Robert Adell Children's Funded Trust

Michigan Supreme Court

Decided July 20, 2005No. Docket 122985Published

1DissentCavanagh, J.

I respectfully dissent from the majority opinion. This matter is moot and, consequently, we are without authority to decide it. With regard to the majority’s substantive analysis, the ma*260jority erroneously decides a matter that should first be addressed by the trial court. Further, by improperly diminishing the degree of inquiry that should be made into the city’s condemnation decision, the majority erroneously concludes that the city’s taking met the standard for public necessity.

I. MOOTNESS

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2Cases cited13 opinions

  1. Sibron v. New YorkSupreme Court of the United States · 1968
  2. Honig v. DoeSupreme Court of the United States · 1988
  3. People v. BabcockMichigan Supreme Court · 2003
  4. Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
  5. State Highway Commission v. VanderklootMichigan Supreme Court · 1974

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