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SPIEK v. MICHIGAN DEPT. OF TRANSPORTATION

Docket No. 104096, Calender No. 15.

572 N.W.2d 201 (1998)

456 Mich. 331

Ronald S. SPIEK and Peggy J. Spiek, Plaintiffs-Appellees, v. MICHIGAN DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Supreme Court of Michigan.

Decided January 21, 1998.

Attorney(s) appearing for the Case

John J. Giannini, Detroit, for Plaintiffs-Appellees.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Patrick F. Isom, Assistant Attorney General, Lansing, for Defendant-Appellant.

Law, Weathers & Richardson, P.C. by Robert A. Buchanan, Grand Rapids, amici curiae, for Kent County Aeronautics Board.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton by Gerald A. Fisher, Farmington Hills, amici curiae, for Michigan Municipal League, and Michigan Townships Association.

Howard & Howard Attorneys, P.C. by James E. Lozier, Lansing, amici curiae, for Michigan Railroads Association and Association of American Railroads.

Opinion

BOYLE, Justice.

We granted leave to appeal in this case to decide whether noise, dust, vibration, and fumes experienced by owners of property along an interstate freeway constitute a taking of a recognized property interest where the effects alleged are not unique or peculiar in character. We hold that such effects do not constitute a taking of a recognized property interest where the plaintiff fails to allege that the damages incurred are unique...

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