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TOLKSDORF v. GRIFFITH

Docket No. 115032, Calendar No. 1.

626 N.W.2d 163 (2001)

464 Mich. 1

Glen TOLKSDORF and Marinda Tolksdorf, David Pendell, Richard Pendell and Karen Pendell, John Luczak and Marcy Luczak, Richard Deisler and Patricia Deisler, Dennis Hill and Nancy Hill, Terrence Tormoen and Lynne Tormoen, Plaintiffs-Appellees, v. John T. GRIFFITH, Jane Griffith, North Woods Conservancy, John T. Foley, Paul Michael Foley, II, and Michelle Foley Sheppard, Defendants-Appellants, Gerald Dahlgren, Defendant.

Supreme Court of Michigan.

Decided May 15, 2001.

Attorney(s) appearing for the Case

Goodman & Makinen, P.C. (by Michael E. Makinen), Hancock, MI, for plaintiffs-appellees.

Evan Dixon, Hancock, MI, for defendants-appellants.

Opinion

MARILYN J. KELLY, J.

This case involves the constitutionality of the Opening of Private Roads and Temporary Highways Act (the private roads act), M.C.L. § 229.1 et seq.; MSA 9.281 et seq. The key issue is whether the act provides for an unconstitutional taking under art. 10, § 2 of the Michigan Constitution of 1963. We hold that it does because the act authorizes a taking...

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