BENTON CHARTER TOWNSHIP VS BH AUTO GROUP

STATE OF MICHIGAN
BERRIEN COUNTY TRIAL COURT, CIVIL DIVISION

BENTON CHARTER TOWNSHIP, a Michigan municipal corporation,
Plaintiff,
v
BH AUTO GROUP, LLC, a Michigan limited liability company, INDIANA MICHIGAN POWER CO., a Foreign corporation, BMO HARRIS BANK NA, a Foreign corporation, BERRIEN COUNTY DRAIN COMMISSIONER, STATE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES, MICHIGAN CERTIFIED DEVELOPMENT CORPORATION, U.S. SMALL BUSINESS ADMINISTRATION, STEAK N SHAKE OPERATIONS, INC., a Foreign corporation, PIPESTONE DEVELOPMENT CO., LTD., a Michigan limited partnership, UNKNOWN OWNERS, and UNKNOWN TENANTS,

Defendants. Hon. Donna B. Howard
Case No. 22-00205-CC

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Mikhail Albuseiri (P56529)
BLOOM SLUGGETT, PC
Attorneys for Plaintiff Benton Charter Township
161 Ottawa Ave, NW, Suite 400
Grand Rapids, MI 49503
Telephone: (616) 965-9340
Fax: (616) 965-9350
mikhail@bloomsluggett.com

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ORDER FOR SERVICE OF PROCESS BY PUBLICATION

At a session of court, held in the Circuit Court for the County of Berrien, State of Michigan, on
this ___ day of October 2022

Present: Hon. Donna B. Howard
Circuit Court Judge

This matter having come before the Court on Plaintiff’s (Benton Charter Township) verified ex parte motion for service of process via publication, and the Court having read the motion, the Court finds that Plaintiff has shown that service of process cannot reasonably be made on any potential Unknown Owners and Unknown Tenants by the methods provided in MCR 2.105(A). The court further finds, pursuant to MCR 2.105(J) and MCR 2.106, that service of process by publication is calculated to give any potential Unknown Owners and Unknown Tenants actual notice of the proceedings and an opportunity to be heard.
THUS, IT IS ORDERED:
That Plaintiff may serve process on the Unknown Owners and Unknown Tenants by publishing the following notice once each week, for a period of three consecutive weeks, in a newspaper, as defined in MCR 2.106(F), that is published in Berrien County, Michigan, which is the location of the parcel at issue:
Through the filing of a complaint and issuance of a summons in the Berrien County Circuit Court, State of Michigan, Plaintiff Benton Charter Township has instituted an eminent domain action (Case No. 22-00205-CC) that seeks to acquire a Sanitary System Sewer Easement (“Easement”) over the parcel of property identified by its parcel number as 11-03-6010-0006-01-6. This legal action has been commenced against defendants BH Auto Group, LLC, Indiana Michigan Power Co., BMO Harris Bank NA, Berrien County Drain Commissioner, State of Michigan Department of Natural Resources, Michigan Certified Development Corporation, U.S. Small Business Administration, Steak N Shake Operations, Inc., Pipestone Development Co., Ltd., Unknown Owners, and Unknown Tenants, (collectively, “the Defendants”). Within 28 days after the last date of the publication of this notice, any unnamed defendants desiring to challenge the necessity of the acquisition of all or part of the Easement in which they have an interest must file a motion asking that the necessity of the taking be reviewed. If those Defendants do not take the requisite action outlined above, title to the Easements shall vest in the Township as of the date on which the Complaint was filed.

Hon. Donna B. Howard
Berrien County Circuit Court Judge Prepared by:
Mikhail Albuseiri (P56529)
BLOOM SLUGGETT, PC
Attorneys for Plaintiff Benton Charter Township
161 Ottawa Ave NW, Suite 400
Grand Rapids, MI 49503
616-965-9340