Order Michigan Supreme Court
Lansing, Michigan
June 15, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
132983 & (66) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
MICHIGAN DEPARTMENT OF Robert P. Young, Jr.
TRANSPORTATION, Stephen J. Markman,
Justices
Plaintiff-Appellant,
v SC: 132983
COA: 256038
Kent CC: 01-007548-CC
RODNEY TOMKINS and DARCY TOMKINS,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the March 2, 2006
judgment and the October 20, 2006 order of the Court of Appeals is considered, and it is
GRANTED. The parties shall include among the issues to be briefed: (1) what was the
ratifiers' common understanding of the phrase "just compensation" when they ratified
Const 1963, art 10, § 2, and was it commonly understood that "just compensation" in
inverse condemnation cases was different than "just compensation" in direct, partial
taking cases; and (2) whether § 20(2) of the Uniform Condemnation Procedures Act,
MCL 213.70(2), impermissibly conflicts with this established meaning of “just
compensation.”
The motion for leave to file brief amicus curiae is GRANTED. Other persons or
groups interested in the determination of the issues presented in this case may move the
Court for permission to file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 15, 2007 _________________________________________
d0612 Clerk