Chamberlin v. Detroit Edison Co.

Detroit Edison commenced condemnation proceedings in probate court pursuant to CL 1948, § 486.251 et seq. (Stat Ann § 22.1671, et seq.), hereafter the “public utility condemnation statute.” Thereafter this action was filed by the plaintiffs who are owners of property sought to be so condemned. Plaintiffs claim the public utility condemnation statute violates provisions of Michigan’s 1963 constitution and seek an injunction restraining Detroit Edison from continuing the probate court condemnation proceedings.

The 1908 constitution required that both necessity and just compensation be…