Docket Nos. 145198, 145199, 150573, 150574.

203 Mich. App. 674 (1994)

513 N.W.2d 217


Michigan Court of Appeals.

Decided February 22, 1994, at 9:25 A.M.

Attorney(s) appearing for the Case

Mika, Meyers, Beckett & Jones (by John C. Jones, Fredric N. Goldberg, John M. DeVries, and Neil P. Jansen), for Miller Brothers, Miller Brothers Oil Corporation, Peter C. Cook, D.A. Lubricant Company, Inc., Muskegon Development Company, Alpar Resources, Inc., Miller Energy, C.E. and Marilyn H. Jacobs, Victory Inc. of Michigan, Miller Oil Corporation, and Wolverine Gas & Oil Company, Inc.

Warner, Norcross & Judd (by Douglas A. Dozeman, Harold S. Sawyer, and John H. Logie), for Carnagel Oil Associates, Pinnacle Resources Company, Gerald A. and Jacklyn J. Derks, and William L. and Agnes K. Staley.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Thomas J. Emery, Assistant in Charge, and Gary L. Hicks, Assistant Attorney General, for the defendants.

Amici Curiae:

Smith, Haughey, Rice & Roegge (by Jon Vander Ploeg); Ronald A. Zumbrun, Edward J. Connor, Jr., and James S. Burling, for Pacific Legal Foundation.

Roberts, Betz & Bloss (by David J. Bloss); Steven J. Lechner and William Perry Pendley, for Mountain States Legal Foundation and the Independent Petroleum Association of America.

McNeil & Associates, P.C. (by John P. Forester); Olson & Noonan, P.C. (by James M. Olson and John D. Noonan), for Hamlin Lake Association, West Michigan Environmental Action Council, Michigan Environmental Protection Foundation, Northern Michigan Environmental Action Council, and Tip of the Mitt Watershed Council.

Before: FITZGERALD, P.J., and NEFF and CONNOR, JJ.


In these inverse condemnation actions, we are asked to determine whether an administrative decision made by the director of the Department of Natural Resources effectively took plaintiffs' property, and, if so, whether the trial court correctly determined the amount the state must pay as just compensation. We conclude that plaintiffs' property was taken, but that the trial court did not correctly determine the amount of compensation owed. We affirm the...

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