LARRY L FAIRCHILD V BUENA VISTA CHARTER TWP

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STATE OF MICHIGAN COURT OF APPEALS LARRY L. FAIRCHILD, UNPUBLISHED February 10, 2004 Plaintiff-Appellant, v BUENA VISTA CHARTER TOWNSHIP, THOMAS LYNCH, III, JOHN PAROTT, ROBERT PARRENT, DENNIS WILLIAMS and JULIUS BOARDEN, No. 241506 Saginaw Circuit Court LC No. 95-007000-CZ Defendants-Appellees. and STEVEN BENNETT, Defendant. Before: Fitzgerald, P.J., and Neff and White, JJ. WHITE, J. (concurring) I join in the lead opinion’s conclusions that the circuit court did not err in conducting an evidentiary hearing, that the circuit court did not err in its determination that the search was valid under the plain view doctrine, and that such a finding is not inconsistent with or foreclosed by this Court’s prior opinion, which concluded that the search was not authorized by the warrant. /s/ Helene N. White -1-

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