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K&K CONST. v. DEPT. OF NATURAL RESOURCES

Docket No. 168393.

551 N.W.2d 413 (1996)

217 Mich. App. 56

K & K CONSTRUCTION, INC., J.F.K. Company, and Resorts and Company, Plaintiffs-Appellees, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant, and Michigan Association of Home Builders, Amicus Curiae.

Court of Appeals of Michigan.

Decided June 4, 1996, at 9:00 a.m.

Released for Publication July 29, 1996.

Attorney(s) appearing for the Case

Robert L. Bunting, Oxford, and Karen Russell, Mt. Clemens, for the plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, A. Michael Leffler and Kevin T. Smith, Assistant Attorneys General, for the defendant.

Dickinson, Wright, Moon, Van Dusen & Freeman, Lansing (by Gregory L. McClelland, David E. Pierson, and Jeffery V. Stuckey), for Amicus Curiae Michigan Association of Home Builders.

Before JANSEN, P.J., and TAYLOR and J.P. NOECKER, JJ.

JANSEN, Presiding Judge.

This is a regulatory takings case. Defendant Department of Natural Resources appeals as of right from a September 8, 1993, judgment of the Court of Claims in plaintiffs' favor. The Court of Claims determined that a taking had occurred as a result of defendant's decision to deny plaintiffs' application for a permit to build a restaurant on a parcel of land on the basis that the land was protected...

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