MacOmb County Road Commission v. Fisher

Defendants appeal as of right from a Macomb Circuit Court order denying expert witness fees pursuant to § 16 of the Uniform Condemnation Procedures Act, MCL 213.66; MSA 8.265(16). We reverse.

This case arose from the taking of private property for the purpose of replacing a bridge on Armada Ridge Road in Armada Township and for providing roadway approaches to the bridge. Defendants, as property owners, filed a challenge to the necessity of acquisition pursuant to MCL 213.56; MSA 8.265(6).

The trial court conducted a hearing on defendants’ challenge. Experts testified for both sides. The trial…