BOTT v. NATURAL RESOURCES COMM.

Docket Nos. 60947, 62877, 62878. (Calendar Nos. 5, 6).

415 Mich. 45 (1982)

327 N.W.2d 838

BOTT v. NATURAL RESOURCES COMMISSION NICHOLAS v. McDANIEL ATTORNEY GENERAL ex rel DEPARTMENT OF NATURAL RESOURCES v. NICHOLAS

Supreme Court of Michigan.

Decided December 8, 1982.


Attorney(s) appearing for the Case

Casey, Cavanaugh & O'Neill for plaintiff Bott.

William C. Nicholas and Caroline J. Nicholas, in propriis personis.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Frank J. Pipp and Terrence P. Grady, Assistants Attorney General, for Director of the Department of Natural Resources, the Department of Natural Resources, the Commission of Natural Resources, and the people.

Fraser, Trebilcock, Davis & Foster, P.C. (by Donald A. Hines and David E.S. Marvin), for defendants McDaniel and Rademacher.

Amicus Curiae:

Peter W. Steketee for Michigan United Conservation Clubs, Inc.


LEVIN, J.

Littoral owners on 75-acre Big Chub Lake (in Bott)1 and 60-acre Burgess Lake (in Nicholas) seek, with the Department of Natural Resources, over the objections of Bott and the Nicholases, access through connecting creeks to nearby 35-acre lakes.

Bott owns all the land surrounding both 35-acre Linton Lake and the creek connecting it with Big Chub Lake.

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