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CITY OF LUNA PIER v. LAKE ERIE LANDOWNERS

Docket No. 102245.

175 Mich. App. 430 (1989)

438 N.W.2d 636

CITY OF LUNA PIER v. LAKE ERIE LANDOWNERS

Michigan Court of Appeals.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Braunlich, Russow & Braunlich, P.C. (by William J. Braunlich, Jr.), for City of Luna Pier.

Krawetz & Spiros (by Stanley M. Krawetz), for defendant Harry Ewell.

Leslie J. Nearpass, for defendant Clyde Craig.

Before: WEAVER, P.J., and MAHER and C.W. SIMON, JR., JJ.

C.W. SIMON, JR., J.

Defendants Clyde Craig and Harvey Ewell appeal as of right from the lower court order denying their motion for attorney fees under the Uniform Condemnation Procedures Act. We reverse.

Plaintiff, City of Luna Pier, is partially located on Lake Erie. In March of 1985, in response to unprecedented high water levels and spring storm conditions which created an imminent risk of flooding, plaintiff entered onto defendants' property to construct...

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