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GREGORY MARINA, INC. v. CITY OF DETROIT

Calendar No. 10, Docket No. 51,075.

378 Mich. 364 (1966)

144 N.W.2d 503

GREGORY MARINA, INC., v. CITY OF DETROIT

Supreme Court of Michigan.

Decided August 24, 1966.

Attorney(s) appearing for the Case

Dykema, Wheat, Spencer, Goodnow & Trigg (Donald E. Shely, of counsel), for plaintiffs.

Robert Reese, Corporation Counsel, John H. Witherspoon, and Roger P. O'Connor, Assistants Corporation Counsel, for defendant.

Amici Curiae:

State of Michigan, by Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Nicholas V. Olds and Jerome Maslowski, Assistant Attorneys General.

Michigan Association of Municipal Attorneys, by Louis C. Andrews, Jr., Attorney for the Michigan Municipal League, Ralph W. Harbert, Jr., City Attorney of Battle Creek, Thomas C. Shearer, Assistant City Attorney of Grand Rapids, and Fred Steingold, Assistant City Attorney of Ann Arbor.

KELLY, J. (dissenting).

Plaintiffs' challenge to the validity of defendant city of Detroit's right to construct a $1,365,000 marina on the Detroit river, resulted in a Wayne county circuit court order finding and holding that:

"(a) The case of Edward Gray, Inc. v. City of Detroit [circuit court for the county of Wayne, in chancery, # 175,077] is not res judicata and determinative of the issues...

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