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SUPERIOR PUBLIC RIGHTS, INC. v. DNR

Docket No. 28293.

80 Mich. App. 72 (1977)

263 N.W.2d 290

SUPERIOR PUBLIC RIGHTS, INC. v. DEPARTMENT OF NATURAL RESOURCES

Michigan Court of Appeals.

Decided December 5, 1977.

Attorney(s) appearing for the Case

Peter W. Steketee, James M. Olson, Lewis A. Smith, and Dean A. Robb, Sr., for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jerome Maslowski and Custis G. Beck, Assistants Attorney General, for Department of Natural Resources.

Foster, Swift, Collins & Coey, P.C., Clancey, Hansen, Davidson, Chilman & Graybill, and Loomis, Ewert, Ederer, Parsley, Davis & Gotting, for Upper Peninsula Generating Company.

Before: J.H. GILLIS, P.J., and BASHARA and H.L. HEADING, JJ.

J.H. GILLIS, P.J.

Plaintiff, Superior Public Rights, Inc.1 (hereinafter referred to as SPRI) commenced this action on September 24, 1973, pursuant to the Michigan Environmental Protection Act. MCLA 691.1201 et seq.; MSA 14.528(201) et seq.

Plaintiff's suit seeks to invalidate agreements which permit the private use of public trust land for railroad and coal unloading...

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