MICHIGAN CONFERENCE ASS'N v. COMM. OF NAT. RES.

Docket No. 22337.

70 Mich. App. 85 (1976)

245 N.W.2d 412

MICHIGAN CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS v. COMMISSION OF NATURAL RESOURCES

Michigan Court of Appeals.

Decided July 19, 1976.


Attorney(s) appearing for the Case

Fraser, Trebilcock, Davis & Foster (by Donald A. Hines and Michael E. Cavanagh), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jerome Maslowski and Russell E. Prins, Assistants Attorney General, for defendants.

Amicus Curiae: Casey, Cavanagh & O'Neill, for John A. Bott.

Before: N.J. KAUFMAN, P.J., and T.M. BURNS and M.F. CAVANAGH, JJ.


M.F. CAVANAGH, J.

Defendant appeals from a declaratory judgment and permanent injunction. The judgment declared that Shellenbarger Lake in Crawford County was a nonnavigable body of water privately owned by plaintiff; the judgment further declared that the portion of Shellenbarger Creek between the lake and the M-72 highway bridge across the creek was also nonnavigable and private. The permanent injunction barred all persons, including the general public, from trespassing...

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