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DNR v. HOLLOWAY CONST. CO.

Docket No. 121265.

191 Mich. App. 704 (1991)

478 N.W.2d 677

DEPARTMENT OF NATURAL RESOURCES v. HOLLOWAY CONSTRUCTION COMPANY

Michigan Court of Appeals.

Approved for publication November 14, 1991, at 9:00 A.M.

Attorney(s) appearing for the Case

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

Hyman & Lippitt (by J. Leonard Hyman), for Holloway Construction Company.

Before: MacKENZIE, P.J., and GRIBBS and GRIFFIN, JJ.

PER CURIAM.

This action began when the Department of Natural Resources filed a complaint seeking to have civil penalties assessed against defendants and to have defendants enjoined from conducting certain activities on wetlands owned by defendants. Defendants responded with a counterclaim, claiming that the property regulated by the DNR is not actually wetlands, so that regulation constituted an unlawful taking of defendants...

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