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SPIEK v. DEPARTMENT OF TRANSPORTATION.

Summary Dispositions August 9, 1996:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the judgment of the trial court is reinstated. MCR 7.302(F)(1). Summary disposition pursuant to MCR 2.116(C)(10) was appropriate. Plaintiffs did not show a particular injury. Any burden or intrusion suffered was no different than that "shared generally by property owners whose lands lie within range of the inconveniences necessarily incident to proximity to a [highway]." Richards v Washington Terminal Co, 233 U.S. 546, 554 (1914).

Reported below: 212 Mich. App. 565.

LEVIN and CAVANAGH, JJ.

We would grant leave to appeal, and dissent from the peremptory reversal of the Court of Appeals.

Reconsideration granted 454 Mich ___.

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SPIEK v. DEPARTMENT OF TRANSPORTATION
(Aug 2, 1996)