Department of Transportation v. VanElslander

In this condemnation case, the Court of Appeals affirmed a preliminary ruling of the circuit court, regarding the manner in which zoning requirements might affect the proper appraisal of the property. 1 On leave granted, 2 we reverse. In doing so, we adopt as our own the following dissenting opinion written by Judge Bandstra in the Court of Appeals.

Plaintiff appeals by leave granted from an order denying reconsideration of the trial court’s previous order that excluded the introduction of an appraisal of property owned by defendants Archie and Mary Ann VanElslander. Because [we] find that the…