In Re Owen and Memorial Parks

The city of Detroit instituted this proceeding to condemn substantially four acres of land for park purposes. The first jury found no necessity. A new trial was granted, resulting in a finding of necessity by the second jury and an award of $1,591,083.69. A motion for a new trial on behalf of the city based on various grounds was heard on testimony taken in open court, some two weeks being consumed in such hearing. At the conclusion the trial judge found that the award was excessive, and ordered that a new trial be granted unless the owners consented to a reduction of the award by the sum of…