Wayne County v. Britton Trust (1997)

Britton Trust, 454 Mich. 608 , 563 N.W.2d 674, 676 (1997). 1.

See Britton Trust, 454 Mich at 618 (“The doctrine of constructive annexation has frequently been applied in the case of articles which are not themselves actually or directly annexed to the realty, but are part of, or accessory to, articles which are so annexed.”) (quotation marks and citation omitted).

Jur. 793 , Fixtures, § 72.] Hence, it is without dispute that Michigan, like other jurisdictions, recognizes the law of constructive annexation. 563 N.W.2d at 678-80 (footnote omitted).

Wayne Co, 454 Mich at 619 (“The surrounding circumstances determine the intent of the party making the annexation, not the annexor’s secret subjective intent.”).

As to adaptation, our Supreme Court has explained that this phase of the analysis is concerned with “the relationship between the chattel and the use which is made of the realty to which the chattel is annexed.” Wayne Co, 454 Mich at 618 (citation and quotation marks omitted). “[A]n object introduced onto the realty may become a fixture if it is a necessary or at -3- least a useful adjunct to the realty, considering the purposes to which the latter is devoted.” Id. at 619 , …

Personal property will be deemed a fixture to real property if three criteria exist: “[First], annexation to the realty, either actual or constructive; second, adaptation or application to the use or purpose to which that part of the realty to which it is connected is appropriated; and third, intention to make the article a permanent accession to the freehold.” Wayne Co v William G Britton & Virginia M Britton Trust, 454 Mich 608, 615, 620 ; 563 NW2d 674 (1997) (quotation ma…

MCR 7.316(A)(3); Wayne Co. v. Britton Trust, 454 Mich. 608, 620, n. 9 , 563 N.W.2d 674 (1997).

See Wayne Co, 454 Mich at 615 (holding that a fixture is “annexed” to a premises when it is “in some manner or means, albeit slight, attached or affixed, either actually or constructively, to the realty”) (citation omitted).

Compare, e.g., Wayne County v. Britton Trust, 454 Mich. 608 , 613 n. 3, 563 N.W.2d 674 (1997) (suggesting that a company’s "going concern value” and its "goodwill” are one and the same thing) and Black’s Law Dictionary (7th ed. 1999) ("Going-concern value includes ... goodwill.”) with id. ("Good will *715 is to be distinguished from that element of value referred to ... as going-concern value....

See my discussion of “just compensation” in previous constitutions, id. at 385-386 . 468 Mich at 384-385 , citing Britton Trust, 454 Mich at 622 ; In re Edward J Jeffries Homes Housing Project, 306 Mich at 650 ; and In re Widening of Bagley Ave, 248 Mich at 5 .

See, e.g., Michigan United Conservation Clubs v Secretary of State ( After Remand ), 464 Mich. 359, 414-420 , 630 N.W.2d 297 (2001)(WEAVER, J., dissenting)(construing "acts making appropriations" in art 2, § 9 of the Michigan Constitution), and WPW Acquisition Co. v. City of Troy, 466 Mich. 117, 123 , 643 N.W.2d 564 (2002)(holding unconstitutional the Legislature's definition of a statutory term that conflicted" with the established meaning of the term at the time that it wa…

See Wayne County v William G Britton and Virginia M Briton Trust, 454 Mich 608 , 625 n 3; 563 NW2d 674 (1997) (noting that the defendants did not claim the taking at issue included “the ‘going concern value’ of their company, i.e., the company’s goodwill”); City of Lansing v Wery, 68 Mich App 158, 164 ; 242 NW2d 51 (1976) (noting that “it is entirely sound to refuse to award as a separate element of damages anything for loss of going-concern value or goodwill”).

See Wayne Co. v. Britton Trust, 563 N.W.2d 674 , 678–79 (Mich. 1997).

See Wayne Co v William G Britton and Virginia M Britton Trust, 454 Mich 608, 625 ; 563 NW2d 674 (1997) (reaffirming the test enumerated in Morris and its progeny).

See, e.g., Wayne Co v Britton Trust, 454 Mich 608, 621, n 11 ; 563 NW2d 674 (1997), and Putkamer v Transamerica Ins Corp of America, 454 Mich 626, 635, n 8 ; 563 NW2d 683 (1997), wherein our Supreme Court recently overruled cases in footnotes.