The daily monitor leader. [volume] (Mount Clemens, Mich.) 1942-19??, 1945-10-02
Damages
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D0HlQSVO
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insurance. taxes, depreciation
and travelling.
81 have endeavored to reim-
burse the owners of parcels for
their actual out of pocket ex-
penses, and these expenses in
some cases have included loss of
wages and time, loss of salary,
gas expenses. etc. l do not think
that actual expense means pay
ment for a contingency which
never happened, as in some cas-
es, the payment of building ma
terials and interest on building
which was never built, or a loss
which was anticipated but never
occurred. Actual expense means
actual expense, and not a con-
tingent or speculative expense
Highest awards in the entire
condemnation went to attorneys
who handled property owners
cases from July y. 1914, when
the court hearings started to
March 6, 1945, when the matter
went to the jury-and since that
time.
COUNSELS' CLAIMS CUT
Charles A. Retzlaff and Carl
J. Thrun, who handled larg-
err assortment of cases than 9TH
ers of the 20-odd counsel involv-
ed made claim for $500 and
$500 respectively, for LAP and
1875 days each in court. This to-
tai of $4,000 was scaled down
to $l2,350 by Judge Cash; $6,725
being allowed for Retzlaff and
S5,625 for Thrun.
The allowed fees of Guy L..
Frost I'D Hugh H. Neale to-
gether amounted close to the
$4,000 mark. Howard r. Car
roll was allowed a total of ST.
$50 in fees and Christian F..
Matthews, representing the Con-
sumers Power Company, receiv-
ed S1,341. Other attorneys and
law firms receiyed fees from ST.
600 to $4,000, in accord with the
number of property owners they
represented.
Largest monetary award made
to a property owner involved in
the lengthy court suit was that
of 81, 533 to Ray Miller, owner
of a trailer camp in the Eight
Mile Dequindre section.
ASKED Strata
Miller had asked the court for
S12,474, which was itemized as
follows: 35 trips to court, $6 per
trip; loss IF two years business;
70 unoccupied trailer locations at
a rate of 81 per month.
The court allowed the fees OF
seven appraisers which he had
paid, amounting to a total OF
S1,165, but this had no effect
on the actual damage award to
Miller.
An award along similar lines
was made to Allen H. Parke, also
a trailer camp owner, who put
in a total bill for $4,076 in dam
ages, itemized as follows: travel
and court time; 80 trips to
Mount Clemens; loss of business;
pictures; % unoccupied sites.
The court allowed Parke $40 for
pictures and $500 for loss Of
business, total of S525, or ap-
proximately one-eighth Of what
he asked.
The courts admonition that
speculative or imaginary costs
would not be allowed was re-
Elected throughout the lengthy
itemized list of awards. In many
cases property owners w n o
claimed hundreds of dollars were
not allowed anything. In other
cases the claim was Whitfield
down by Judge Cash to a mere
fraction of the total.
CITE TYPICAL CASES
Typical. reductions in claims
indicating the courts firm atti-
tude in regard to speculative
costs, are shown in the follow
ing examples taken from the re-
cord:
M. Stolarski, Parcel No. 435:
Transportation and hired girl to
take care of children while In
court, SIS; difference in price OF
plastering and difference ir
price for bathroom outfit, $225
Allowed, SIS.
Emily Schlang, Parcel No. 43l
Loss of shrubs. fruit trees anc
berfies,, building materials, ST.,
600; Allowed 500.
Frank c. Ryan. Parcel No
429: Six days work; increase OF
lumber costs; transportation; in
creased cost of picket fence
1 rr-AoI COfr 90.