CITY OF TROY V RCU INDEPENDENCE INC
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STATE OF MICHIGAN
COURT OF APPEALS
CITY OF TROY,
UNPUBLISHED
October 28, 2010
Plaintiff-Appellant,
v
No. 292686
Oakland Circuit Court
LC No. 2009-098176-CC
RCU INDEPENDENCE, INC. and SENTRY,
INC.,
Defendants-Appellees,
and
CONSUMERS POWER COMPANY a/k/a
CONSUMERS ENERGY COMPANY,
Defendant.
Before: BORRELLO, P.J., and CAVANAGH and OWENS, JJ.
MEMORANDUM.
Plaintiff appeals as of right the dismissal of its condemnation action.
conclude that the sole issue raised on appeal is moot, this appeal is dismissed.
Because we
Plaintiff’s condemnation action against defendants was dismissed by the trial court on the
ground that plaintiff had not complied with the Uniform Condemnation Procedures Act (UCPA),
MCL 213.51 et seq. Subsequently, plaintiff acquired the subject property through a settlement
agreement reached in another legal proceeding.
On appeal, defendants argue that the case is moot and plaintiff agrees, but plaintiff claims
that this Court should, nevertheless, review the issue on appeal. We disagree. Generally, an
appellate court will not review a moot issue. City of Jackson v Thompson-McCully Co, LLC, 239
Mich App 482, 493; 608 NW2d 531 (2000). An issue is moot if an event has occurred which
renders it impossible for the court to grant relief. Id. A court will review a moot issue only if it
is “publicly significant and is likely to recur, yet is likely to evade judicial review.” Attorney
Gen v Mich Pub Serv Comm, 269 Mich App 473, 485; 713 NW2d 290 (2005).
Here, it is undisputed that plaintiff has acquired the property at issue in its condemnation
proceeding; thus, further relief cannot be granted and the sole issue on appeal is moot. And,
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appellate review of this moot case is not appropriate. Even if publicly significant, we are not
persuaded that the issue “is likely to recur, yet is likely to evade judicial review.” Id.
Dismissed as moot.
/s/ Stephen L. Borrello
/s/ Mark J. Cavanagh
/s/ Donald S. Owens
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