Legal Opinion · Concurrence

Tolksdorf v. Griffith

Michigan Supreme Court

Decided May 15, 2001No. Docket 115032Published

1Concurrence

Judge Shepherd

concurred, but wrote separately to express his view that the private roads act had “noth*6ing to do with the taking by a public authority of property for a public purpose.” Id. at 633. Instead, he opined that the act authorized a permissible limitation on the private use of land.

The next panel to consider the act’s constitutionality disagreed with Bieker, but found itself constrained to follow it. McKeighan v Grass Lake Twp Supervisor (McKeighan I), Docket No. 195437, unpublished opinion per curiam, issued May 8, 1998, vacated May 20, 1998, printed at 229 Mich App 801; 587 NW2d…

2Cases cited8 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  3. Poletown Neighborhood Council v. City of DetroitMichigan Supreme Court · 1981
  4. Shizas v. City of DetroitMichigan Supreme Court · 1952
  5. City of Lansing v. Edward Rose Realty, Inc.Michigan Supreme Court · 1993

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