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SCHWARTZ v. CITY OF FLINT

Docket No. 70806, (Calendar No. 3).

426 Mich. 295 (1986)

395 N.W.2d 678

SCHWARTZ v. CITY OF FLINT

Supreme Court of Michigan.

Decided October 28, 1986.

Attorney(s) appearing for the Case

Levin, Levin, Garvett & Dill (by Erwin B. Ellmann and Jay W. Tower) for the plaintiffs.

S. Olof Karlstrom, Dennis M. Haley, and Donald H. Robertson for the defendant.

Amici Curiae:

Lawrence R. Ternan for Public Corporation Law Section, State Bar of Michigan.

Stephen A. Bromberg, Gerald A. Fisher, James A. Ginn, Norman Hyman, and Edward Barry Stulberg for Real Property Law Section, State Bar of Michigan.

BRICKLEY, J.

We granted leave to appeal in this case to consider two questions. The first is whether Ed Zaagman, Inc v City of Kentwood, 406 Mich. 137; 277 N.W.2d 475 (1979), should be overruled or modified. The second is whether the declaratory judgment and order entered by the circuit judge pursuant to the Zaagman procedure, as affirmed and modified by the Court of Appeals, unconstitutionally...

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