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MICHIGAN BELL TELEPHONE CO. v. CITY OF DETROIT

Docket No. 45515.

106 Mich. App. 690 (1981)

308 N.W.2d 608

MICHIGAN BELL TELEPHONE COMPANY v. CITY OF DETROIT.

Michigan Court of Appeals.

Decided June 3, 1981.

Attorney(s) appearing for the Case

Kaufman, Roche & Ward, P.C., and Donald E. Brown, Jonathan P. Macks, and Albert Calille, for plaintiff.

George G. Matish, Acting Corporation Counsel, and Joseph N. Baltimore and Hilda H. Hirata, Assistants Corporation Counsel, for defendant.

Before: T.M. BURNS, P.J., and R.M. MAHER and D.C. RILEY, JJ.

T.M. BURNS, P.J.

The defendant City of Detroit comes before this Court appealing an April 27, 1979, lower court order granting summary judgment in favor of plaintiff on stipulated damages of $276,126.45. We reverse.

On September 4, 1970, and July 13, 1973, the Detroit Common Council passed two resolutions that vacated certain streets in the City of Detroit for construction of a sewage treatment facility. On...

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