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BOND v. DNR

Docket No. 114254.

183 Mich. App. 225 (1989)

454 N.W.2d 395

BOND v. DEPARTMENT OF NATURAL RESOURCES

Michigan Court of Appeals.

Decided December 20, 1989.

Attorney(s) appearing for the Case

Peacock, Fordney, Cady, Ingleson & Prine, P.C. (by Harry Ingleson, II and Donald A. Ducastel), for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Thomas J. Emery, Assistant Attorney General, for defendant.

Amicus Curiae:

Butzel, Long, Gust, Klein & Van Zile, P.C. (by Bert Burgoyne, David W. Berry, and Susan Friedlaender), for Builders Association of Southeastern Michigan.

Before: GILLIS, P.J., and SULLIVAN and CAVANAGH, JJ.

PER CURIAM.

Plaintiff Edwin A. Bond appeals as of right the judgment entered in his favor and against defendant Michigan Department of Natural Resources, challenging both the amount of damages awarded to him and the court's denying him a jury trial. Defendant DNR cross appeals that same judgment, arguing, in essence, that the court erred by finding a taking. We reverse the trial court's decision that a taking occurred.

The events giving rise to plaintiff's...

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