JEFFREY S BARKER V CITY OF FLINT
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
JEFFREY S. BARKER,
UNPUBLISHED
October 19, 2001
Plaintiff-Appellee/Cross-Appellant,
V
No. 209124
Genesee Circuit Court
LC No. 90-109977-CC
CITY OF FLINT,
Defendant-Appellant/Cross-
Appellee.
Before: White, P.J., and Cavanagh and Talbot, JJ.
WHITE, P.J. (concurring in part and dissenting in part).
I respectfully dissent from the majority’s determination that defendant is entitled to
summary disposition of plaintiff’s inverse condemnation claim. In 1978, when plaintiff
purchased the building and property at 1710 Nebraska, it had been condemned. Plaintiff spent
several years renovating the building, into three rental units. For more than twenty-five years
before plaintiff purchased the property, there had been parking on the parkway in front of 1710
Nebraska. This parking continued after plaintiff renovated the building. The history of the use
of the parkway for parking purposes created a question of fact regarding whether there was a
taking.
Unlike the neighboring properties, the 1710 Nebraska property has no driveway or
garage. There was evidence of significant diminution of value in plaintiff’s property as a result
of parkway access to his building being eliminated. Under these circumstances, I conclude that
there was a genuine issue of fact whether plaintiff suffered a unique or special injury different in
kind from the harm suffered by all persons similarly situated. Spiek v Dep’t of Transportation,
456 Mich 331, 348; 572 NW2d 201 (1998); Thom v State Highway Comm’r, 376 Mich 608; 138
NW2d 322 (1965) (Souris, J.).
I would affirm the circuit court’s denial of defendant’s motion for summary disposition.
In all other respects, I concur.
/s/ Helene N. White
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
