IN RE FORTY ACRES

Docket No. 188886.

566 N.W.2d 652 (1997)

223 Mich. App. 454

In re APPROXIMATELY FORTY ACRES IN TALLMADGE TOWNSHIP. DEPARTMENT OF NATURAL RESOURCES, Petitioner-Appellee, v. Howard D. FENSKE and Leona Fenske, Respondents, and Jack Dykstra Excavating, Inc., Respondent-Appellant.

Court of Appeals of Michigan.

Decided May 13, 1997, at 9:20 a.m.

Released for Publication August 6, 1997.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Gary L. Finkbeiner, Assistant Attorney General, for Department of Natural Resources.

Visser & Bolhouse by Donald R. Visser, Grandville, for Jack Dykstra Excavating, Inc.

Before HOEKSTRA, P.J., and MURPHY and SMOLENSKI, JJ.


MURPHY, Judge.

Appellant appeals as of right the trial court's order imposing a lien on the property in question in favor of the state. We affirm.

This case involves interpretation of the Natural Resources and Environmental Protection Act (NREPA), M.C.L. § 324.101 et seq.; M.S.A. § 13A.101 et seq. Particularly M.C.L. § 324.20138; M.S.A. § 13A.20138, which provides in relevant part...

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