Department of Transportation v. DiMatteo

This appeal arises out of the condemnation of private property in Lenawee County. Plaintiff, the Michigan Department of Transportation, appeals as of right from the circuit court’s finding that it is liable to defendants for attorney fees based on a percentage of the award including interest pursuant to the Uniform Condemnation Procedures Act. MCL 213.51 et seq.; MSA 8.265(1) et seq.

Plaintiff wanted to acquire defendants’ land for the purpose of widening a highway, and the defendants rejected plaintiff’s written offer of $17,200. On January 14, 1981, plaintiff brought suit for the acquisition…