Wayne County v. Britton Trust

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• 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”
• 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”
• emphasizing that the focus on the intent prong is not the annexor’s subjective intent, but rather, the objective, visible facts
• stating that intent is determined by “objective visible facts” from the “surrounding circumstances”
• explaining that intent may be inferred from the nature of the article, the purpose for which it was affixed, and the manner in which it was annexed to the realty
• The third element of the three-part fixture test is “intention to make the property a permanent accession to the realty.”

Source: CourtListener parenthetical corpus (CC0).