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BURT TP. v. DNR

Docket No. 200328.

576 N.W.2d 170 (1997)

227 Mich. App. 252

TOWNSHIP OF BURT, Plaintiff-Appellee/Cross-Appellant, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided December 30, 1997, at 9:10 a.m.

Released for Publication March 26, 1998.

Attorney(s) appearing for the Case

Jeffrey T. Lyon, Cheboygan, for plaintiff-appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, A. Michael Leffler, Assistant in Charge, and James L. Stropkai and Stephen M. Rideout, Assistant Attorneys General, for Department of Natural Resources.

Olson, Noonan, Ursu & Ringsmuth, P.C. by James M. Olson, Traverse City, for amici curiae Burt Township Association, Tip of the Mitt Watershed Council, Michigan Lake & Streams Association, Torch Lake Property Owners Association, and United Burt Lake Association.

Before WHITE, P.J., and MARK J. CAVANAGH and REILLY, JJ.

MARK J. CAVANAGH, Judge.

Defendant Michigan Department of Natural Resources (DNR) appeals as of right the trial court order finding that it must comply with plaintiff Burt Township's zoning ordinances in constructing a public access facility on the northwest shore of Burt Lake. Plaintiff cross appeals. We affirm.

In 1989, defendant obtained options on two lots on Burt Lake for the purpose of constructing a boat...

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