City of Kalamazoo v. Kts Industries, Inc

Plaintiff appeals by leave granted the trial court order denying plaintiffs motion to strike defendants’ jury demand regarding the issue of necessity in this condemnation action. We reverse.

The dispute at issue requires this Court to analyze the procedural aspects of a condemnation case to determine whether a property owner is entitled to a jury trial concerning the necessity of the condemnation. This controversy should have been relatively easy to resolve since condemnation statutes are usually specific in nature. However, in this case, we are faced with two conflicting statutes, one that…