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CARABELL v. DNR

Docket No. 119445.

191 Mich. App. 610 (1991)

478 N.W.2d 675

CARABELL v. DEPARTMENT OF NATURAL RESOURCES

Michigan Court of Appeals.

Approved for publication October 22, 1991, at 9:05 A.M.

Attorney(s) appearing for the Case

Anthony & Hearsch (by Francis J. Hearsch, Jr.), for the plaintiffs.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Thomas J. Emery and Leo H. Friedman, Assistant Attorneys General, for the defendant.

Before: McDONALD, P.J., and MacKENZIE and FITZGERALD, JJ.

PER CURIAM.

Plaintiffs appeal as of right the trial court's grant of defendant's motion for involuntary dismissal pursuant to MCR 2.504(B). Plaintiffs sought a declaration that defendant's refusal to issue a permit to build a condominium complex submitted by a building contractor seeking to purchase plaintiffs' land was an unconstitutional taking of land without just compensation. The denial was based on the Wetland Protection Act, MCL 281.701 et seq.; MSA...

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