Legal Opinion

Oakland County Board of County Road Commissioners v. JBD Rochester, LLC

Michigan Court of Appeals

Decided August 4, 2006No. Docket 263123PublishedCited by 4 opinions

1Per curiam

Plaintiff appeals by leave granted the trial court’s order denying its motion in limine to exclude appraisals of defendants’ property that took into consideration a posttaking road construction delay caused by congressional funding problems. Defendants contend that the evidence is relevant to a determination of their cost to cure severance damages. We reverse.

Evidentiary rulings are reviewed for an abuse of discretion. Dep’t of Transportation v VanElslander, 460 Mich 127, 129; 594 NW2d 841 (1999). “An abuse of discretion occurs when an unprejudiced person considering the facts upon which the…

2Cases cited5 opinions

  1. City of Novi v. Robert Adell Children's Funded TrustMichigan Supreme Court · 2005
  2. State Highway Commissioner v. EilenderMichigan Supreme Court · 1961
  3. Department of Transportation v. VanElslanderMichigan Supreme Court · 1999
  4. Department of Transportation v. Haggerty Corridor Partners Ltd. PartnershipMichigan Supreme Court · 2005
  5. Department of Transportation v. SherburnMichigan Court of Appeals · 1992

3Cited by4 opinions

  1. Ypsilanti Fire Marshal v. KircherMichigan Court of Appeals · 2007
  2. Heydon v. Mediaone of Southeast Michigan, IncMichigan Court of Appeals · 2007
  3. Deutsche Bank National Trust Company v. Laretha Gordon-WilliamsMichigan Court of Appeals · 2015
  4. WVDOT, WVDOH and Thomas J. Smith v. Victor Morton EcholsWest Virginia Supreme Court · 2019

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