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04/06/76 CITY DETROIT v. SHERMAN

April 6, 1976

CITY OF DETROIT
v.
SHERMAN



Appeal from Recorder's Court of Detroit, Elza H. Papp, J.

Bashara, P. J., and N. J. Kaufman and D. F. Walsh, JJ.

SYLLABUS BY THE COURT

1. Appeal and Error -- New Trial -- Jury Confusion -- Complexity of Proceedings -- Failure to Seek Severance.

A motion by certain defendants in a land condemnation proceeding for a new trial based on a claim that the jury was confused by the complexity and length of the proceeding which involved numerous defendants was properly denied where the moving defendants had ample time to seek a severance prior to the trial but failed to do so.

2. Eminent Domain -- Condemnation Proceedings -- Value -- Tax Assessment Valuation -- Evidence -- Jury.

A tax assessment value may not be dispositive of a jury's own determination in a land condemnation proceeding where there is no showing as to the precise date of the assessed valuation; however, such assessed value may be considered along with all other evidence presented.

3. Eminent Domain -- Condemnation Proceedings -- Value -- Evidence -- Date of Taking.

Evidence relating to the value of property shall be liberally received; therefore, where the date of taking established by a jury in a land condemnation proceeding is one not propounded by either party nor one for which a specific value has been set, it is entirely proper for the jury to consider any estimates of value made reasonably close to the ultimately determined date of taking.

4. Eminent Domain -- Appeal and Error -- Condemnation Proceedings -- Verdict -- Support by the Evidence.

It is not within the province of a court on appeal of a condemnation proceeding to review questions of fact further than to see that the verdict is supported by the evidence.

5. Eminent Domain -- Appeal and Error -- Condemnation Proceedings -- Condemnation Award -- Maximum and Minimum Appraisals.

An appellate court should not disturb a condemnation award which is within the maximum and minimum appraisals presented by the witnesses.

The opinion of the court was delivered by: Per Curiam

Complaint by the City of Detroit against Albert Sherman, Pearl Sherman, Edward Sherman, Esther Sherman, Jack Sherman and Dorothy Sherman, David Smith, Ilene Smith, Lillian Smith, Abraham J. Smith and Rose Smith and Ruth M. Burke seeking the condemnation of certain parcels of land for public purposes. An ...


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