Appeal from Ingham, Donald L. Reisig, J.
Leave to appeal denied, 397 Mich 828.
N. J. Kaufman, P. J., and Danhof and T. M. Burns, JJ.
1. Eminent Domain -- Condemnation -- Amount of Award -- Good Will -- Unique Businesses -- Unique Locations.
Generally, no compensation is allowed for the going concern value or good will of a business operated on condemned realty, however, a court may properly consider good will as evidence of the value of the leasehold, or the capacity of the realty for use, under certain circumstances; such circumstances were present where a retail operation affected by a condemnation was found to be a unique operation in a unique location, it depended greatly on that location and any significant move would greatly impair its business, and the premises were adapted for a particular highly productive use in no way dependent on ownership by the particular defendants.
2. Eminent Domain -- Condemnation -- Interest -- Date of Judgment -- Date of Taking.
Condemnation awards are generally treated as are all other types of judgments on which interest begins to accumulate on the date of judgment; however, where there has been a taking of property during the pendency of the proceedings, interest is allowed from the date of taking.
3. Eminent Domain -- Condemnation -- Statutes -- Advance Payments -- Interest.
A condemnation proceeding brought under provisions applicable to eminent domain for general public purposes, in which an advance payment is made by the condemning municipality, alters the case law doctrine that interest be paid from the date of a prejudgment taking; interest in such a case is computed on the amount by which the judgment award exceeds the advance and begins to run on the date on which possession is surrendered (MCLA 213.381; MSA 8.261).
4. Eminent Domain -- Condemnation -- Amount of Award -- Future Profits.
A condemnation award which is within the maximum and minimum estimates of the value of the property set by the parties is not clearly erroneous; loss of future profits is not a separately compensable item of damages.
The opinion of the court was delivered by: Kaufman
Petition by the City of Lansing to condemn real estate owned by Francis J. Wery and others. Petition granted. Both plaintiff and defendants Bret Riley, Cygred Riley, Gladys Bowlin, and Russell Weston appeal.
Both parties appeal from a condemnation award in the amount of $184,127 rendered after a bench trial by the Ingham County Circuit Court. A jury had been impaneled ...