IN THE MATTER, THE COMPLAINT, THE MICHIGAN D.O.T., 463 Mich. 852 (2000)

617 N.W.2d 690

IN THE MATTER OF THE COMPLAINT OF THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR CONDEMNATION OF PRIVATE PROPERTY FOR HIGHWAY PURPOSES IN AND THROUGH SHELBY TOWNSHIP, MICHIGAN, MICHIGAN DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. D T CONSTRUCTION COMPANY, a Michigan Co-Partnership, et al, Defendants-Appellees.

No. 114070.Supreme Court of Michigan.
August 22, 2000.

Appeal from COA: 201353, Michigan, Macomb CC: 91-1704-CC, 91-1706-CC, 91-1707-CC.

By order of November 2, 1999, the application for leave to appeal was held in abeyance pending the decision in Michigan Department ofTransportation v Randolph (Docket No. 111606). On order of the Court, the decision having been issued on April 25, 2000, 461 Mich. 757 (2000), the application is again considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the January 19, 1999 judgment of the Court of Appeals, VACATE the Macomb Circuit Court’s January 30, 1997 opinion and order and REMAND this case to the Macomb Circuit Court for reconsideration in light of Randolph, supra.