From Casetext: Smarter Legal Research

Mich. Dep't of Transp. v. 330 S. Livernois LLC

Court of Appeals of Michigan
Feb 17, 2022
No. 359928 (Mich. Ct. App. Feb. 17, 2022)

Opinion

359928

02-17-2022

Michigan Department of Transportation v. 330 South Livernois LLC


LC No. 17-005036-CC

Thomas C. Cameron Presiding Judge Christopher M. Murray Anica Letica Judges

ORDER

Thomas C. Cameron Presiding Judge

The motions for immediate consideration are GRANTED.

The motion to expand the record is DENIED.

Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the trial court's December 21, 2021 order is VACATED, and the matter REMANDED for reconsideration of defendant's motion to compel and nonparty DTE Energy's motion for relief from the May 31, 2021 order. In resolving these motions, neither of which sought any relief against plaintiff, the trial court imposed various sanctions against plaintiff significantly limiting plaintiff's ability to present evidence regarding the value of the property. To the extent the trial court relied on MCR 2.313(B) as a basis for imposing sanctions, that was clearly improper where plaintiff was never in violation of a discovery order. In fact, when plaintiff had earlier agreed to assist in resolving the discovery dispute between defendant and DTE Energy, after defendant objected, the court ordered that plaintiff not be involved. Particularly in light of that order, there is no basis to sanction plaintiff for failing to assist in resolving the discovery dispute. To the extent the trial court suggested that plaintiff spoilated evidence by moving forward with demolition, spoliation was never raised as a basis to impose sanctions by the parties. Further, the record demonstrates that the condition of the property was thoroughly documented by both plaintiff and defendant, and their respective appraisers, before any demolition was performed. And, as defendant did not challenge necessity, title to the property vested in plaintiff as of the date the complaint was filed. MCL 213.57. To hold that plaintiff had an obligation to maintain the structures on the property until the dispute over just compensation is resolved would be contrary to the statutory scheme, which clearly contemplates that plaintiff would have possession and control over the property while the question of just compensation is resolved. On remand, the trial court shall reconsider the motions and determine a proper resolution to the discovery dispute between defendant and DTE Energy.

The motion for stay pending appeal is DENIED AS MOOT.

This order is to have immediate effect. MCR 7.215(F)(2).

We do not retain jurisdiction.


Summaries of

Mich. Dep't of Transp. v. 330 S. Livernois LLC

Court of Appeals of Michigan
Feb 17, 2022
No. 359928 (Mich. Ct. App. Feb. 17, 2022)
Case details for

Mich. Dep't of Transp. v. 330 S. Livernois LLC

Case Details

Full title:Michigan Department of Transportation v. 330 South Livernois LLC

Court:Court of Appeals of Michigan

Date published: Feb 17, 2022

Citations

No. 359928 (Mich. Ct. App. Feb. 17, 2022)