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Spiek v. Department of Transportation

Supreme Court of Michigan
Aug 2, 1996
453 Mich. 857 (Mich. 1996)

Opinion

No. 104096.

August 2, 1996.


Summary Dispositions August 9, 1996:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the judgment of the trial court is reinstated. MCR 7.302(F)(1). Summary disposition pursuant to MCR 2.116(C)(10) was appropriate. Plaintiffs did not show a particular injury. Any burden or intrusion suffered was no different than that "shared generally by property owners whose lands lie within range of the inconveniences necessarily incident to proximity to a [highway]." Richards v Washington Terminal Co, 233 U.S. 546, 554 (1914).

Reported below: 212 Mich. App. 565.


We would grant leave to appeal, and dissent from the peremptory reversal of the Court of Appeals.

Reconsideration granted 454 Mich ___.


Summaries of

Spiek v. Department of Transportation

Supreme Court of Michigan
Aug 2, 1996
453 Mich. 857 (Mich. 1996)
Case details for

Spiek v. Department of Transportation

Case Details

Full title:SPIEK v. DEPARTMENT OF TRANSPORTATION

Court:Supreme Court of Michigan

Date published: Aug 2, 1996

Citations

453 Mich. 857 (Mich. 1996)
551 N.W.2d 405