Poletown Neighborhood Council
City of Detroit
Supreme Court of Michigan
410 Mich. 616; 304 N.W.2d 455
March 3, 1981, Argued
March 13, 1981, Decided
Dissenting Opinion of Justice Ryan Filed April 20, 1981.
The judgment of the trial court is affirmed.
Sylvester Delaney, Acting Corporation Counsel, by Joseph N. Baltimore, and
Honigman Miller Schwartz & Cohn, by Jason L. Honigman, William G. Christopher,
and Norman C. Ankers, Special Counsel, for the City of Detroit.
Lewis, White, Clay & Graves, P.C., by David Baker Lewis, Eric L. Clay, and Victoria
A. Roberts, General Counsel, for the Detroit Economic Development Corporation.
Chief Justice Coleman, and Justices Kavanagh, Williams, Levin, and Blair
Moody, Jr., concurred.
Justices Fitzgerald and Ryan, (dissenting).
This case arises out of a plan by the Detroit Economic Development Corporation
too acquire, by condemnation if necessary, a large tract of land to be conveyed to
General Motors Corporation
as a site for construction of an assembly plant. The
plaintiffs, a neighborhood association and several individual residents of the affected
area, brought suit in Wayne Circuit Court to challenge the project on a number of
grounds, not all of which have been argued to this Court.
Defendants' motions for
summary judgment were denied pending trial on a single question of fact: whether,
under 1980 PA 87; MCL 213.51 et seq.; MSA 8.265(1) et seq., the city abused its
discretion in determining that condemnation of plaintiffs' property was necessary to
complete the project.
The trial lasted 10 days and resulted in a judgment for defendants and an order on
December 9, 1980, dismissing plaintiffs' complaint. The plaintiffs filed a claim of