Department of Transportation v. Tomkins

In this condemnation action, defendants Rodney Tomkins and Darcy Tomkins appeal by right the trial court’s order granting plaintiff Michigan Department of Transportation (MDOT) summary disposition under MCR 2.116(C)(10). We reverse and remand.

I. BASIC FACTS AND PROCEDURAL HISTORY

This case stems from a right-of-way that MDOT acquired for construction of the M-6 highway just outside of Grand Rapids. The 20-mile, $420 million M-6 project largely redefined most of the Grand Rapids metropolitan area by connecting 1-96 to M-37 and US 131, and by providing a limited access highway loop around the…