Legal Opinion

City of Detroit v. Barak

Michigan Court of Appeals

Decided October 30, 1973No. Docket No. 12169PublishedCited by 2 opinions

1Opinion of the CourtBronson, P. J.

This is an appeal from a proceeding in eminent domain. The defendant-condemnee has raised an apparent conflict between certain procedures for instructing the jury in condemnation cases1 and GCR 1963, 514 which authorizes general or special verdicts.

The issue:

In a condemnation case, may a jury which was instructed to find and return a specific date of taking and the value of the property on that date, ignore the uncontroverted evidence of value for the property on the exact date so found and find a value within the range of all the evidence as to value?

*166The factual setting is not in dispute.…

2Cases cited3 opinions

  1. In Re Urban Renewal, Elmwood Park ProjectMichigan Supreme Court · 1965
  2. Hormel Estate v. HarrisMichigan Supreme Court · 1957
  3. Sahr v. BierdMichigan Supreme Court · 1958

3Cited by2 opinions

  1. In Re Medical Center ProjectMichigan Court of Appeals · 1973
  2. City of Detroit v. Hospital Drug Co.Michigan Court of Appeals · 1988

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