State Highway Commissioner v. Watt , 374 Mich. 300 ( 1965 )


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  • O’Hara, J.

    (concurring). I am constrained to agree with the Chief Justice in his statement that:

    “The controlling issue is whether the diversion of traffic is an element of damages in condemnation proceedings.”

    Despite my esteemed colleague’s able and heroic efforts to apply the “before and after” value rule to this case, an award of $15,650 for the 1.3 acres of *317land here involved is infirm. Either diversion of traffic'was considered an element of damage, or the amotmt is so fantastically unrealistic as to mandate its vacation in any event.

    I concur with the Chief Justice.

    Adams, J., took no part in the decision of this-case.

Document Info

Docket Number: Calendar 16, Docket 50,092

Citation Numbers: 132 N.W.2d 113, 374 Mich. 300

Judges: Adams, Black, Dethmers, Kavanagh, Kelly, O'Hara, Smith, Souris

Filed Date: 1/4/1965

Precedential Status: Precedential

Modified Date: 8/24/2023