Nelson Drainage District v. Filippis

This is a condemnation action. Plaintiff appeals as of right frorn the trial court’s order dismissing plaintiff’s complaint which sought to acquire defendants’ property as part of a drain improvement project in the City of Troy. Defendant National Bank of Detroit was dismissed by stipulation below and is not a party on appeal.

While plaintiff sets forth six issues, this appeal can be resolved by considering two questions: 1) Did the trial court err in finding that the plaintiff abused its discretion by determining that a total taking of defendants’ property was necessary? 2) Did the trial…