City of Muskegon v. Slater

I agree with Justice Kelly that the statutory limitation of an attorney fee not exceeding $25 is controlling and that attorney fees are not a part of just compensation, to be fixed by the Court under article 10, § 2, Michigan Constitution of 1963, for the taking of private property for public use.

At the present time the allowance of costs, including attorney fees, is dealt with by a hodgepodge of statutory provisions that follow no pattern and that, when viewed as a whole, are completely unjust.

Contrast, for example, the result in this case with the result in In re Kent County Airport, 368…