State Highway Commissioner v. Ioppolo

This is an appeal from a Macomb county circuit court order setting aside an award of commissioners and ordering appointment of new commissioners. Appellant requests, “that the order of the lower court dated April 8, 1960, be set aside and that the lower court be instructed to enter an order confirming the majority report of the court commissioners as to parcel C-4 and directing payment of the damages as specified therein.”

Parcel C-4 contains 0.49 acre of land, and at the hearing evidence was presented that defendants Ioppolo were in the business of mining sand and gravel from this parcel.

Two…