Legal Opinion

Department of Transportation v. Sherburn

Michigan Court of Appeals

Decided October 19, 1992No. Docket 132930PublishedCited by 7 opinions

1Opinion of the CourtMcDonald, P.J.

Defendants appeal as of right a judgment of the trial court, entered on a jury verdict, awarding them $56,600 for the partial taking by condemnation of 28.3 acres of their 124-acre farm. The condemnation resulted from an action instituted by plaintiff Michigan Department of Transportation for the planned extension of US-31 in Berrien County, Michigan. On appeal, defendants claim the award was insufficient. We affirm.

The dispute in this case concerns the appropriate formula to determine damages in a partial taking where the value of the remaining parcel of land has been diminished by the…

2Cases cited6 opinions

  1. In Re Widening of Bagley AvenueMichigan Supreme Court · 1929
  2. In Re Widening of Michigan Ave.Michigan Supreme Court · 1937
  3. Pima County v. De ConciniArizona Supreme Court · 1955
  4. City of Detroit v. LoulaMichigan Supreme Court · 1924
  5. Jack Loeks Theatres, Inc v. City of KentwoodMichigan Court of Appeals · 1991

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3Cited by7 opinions

  1. Department of Transportation v. TomkinsMichigan Supreme Court · 2008
  2. Department of Transportation v. VanElslanderMichigan Supreme Court · 1999
  3. Department of Transportation v. TomkinsMichigan Court of Appeals · 2006
  4. Oakland County Board of County Road Commissioners v. JBD Rochester, LLCMichigan Court of Appeals · 2006
  5. Carrier Creek Drain Drainage District v. Land One, LLCMichigan Court of Appeals · 2006

2 more not listed; retrieve them via the Exa API.

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