SCHEPKE v. DNR

Docket No. 120204.

186 Mich. App. 532 (1990)

464 N.W.2d 713

SCHEPKE v. DEPARTMENT OF NATURAL RESOURCES

Michigan Court of Appeals.

Approved for publication November 19, 1990, at 9:04 A.M.


Attorney(s) appearing for the Case

Wenzel, Papp & Yahne (by Karen Jo Wenzel), for plaintiff.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Thomas J. Emery and Kevin T. Smith, Assistant Attorneys General, for the defendant.

Before: BRENNAN, P.J., and MacKENZIE and WEAVER, JJ.


PER CURIAM.

The Michigan Department of Natural Resources appeals as of right the August 7, 1989, order of the Presque Isle Circuit Court granting summary disposition in favor of Gerard W. Schepke. The court ruled that Schepke, as a matter of law, was the lawful owner of certain property and that the DNR had no valid interest in or claim to the mineral rights of the property. We reverse and remand.

In 1911, the state sold the property in issue, reserving the...

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