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A Better Partnership
December 08, 2011

COA deals a double blow to DIBC in Ambassador Bridge litigation

On December 6, 2011, the Detroit International Bridge Company ("DIBC") lost two battles in its war for a second span to the Ambassador Bridge across the Detroit River and to maintain exclusive control over all international bridge crossings in the area. The instant appeals concerned the Gateway Project, a cooperative project between Michigan Department of Transportation ("MDOT") and DIBC designed to improve direct vehicle access to the Ambassador Bridge and to supposedly "[a]ccomodate a potential future second span." After MDOT sued DIBC to enforce the Gateway Contract that governs the project, DIBC brought related claims against MDOT in the Court of Claims and tried to intervene in condemnation proceedings instituted by MDOT pursuant to the Gateway Contract. In one appeal, DIBC v MDOT, No. 298276, the Court of Appeals affirmed the grant of summary disposition to MDOT on all 18 counts in DIBC's Court of Claims action. In the other appeal, MDOT v CBS Outdoor, Inc., No. 297016, the Court affirmed the denial of intervention in the condemnation proceedings.

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