HUGGETT v. DNR

Docket No. 195548.

590 N.W.2d 747 (1998)

232 Mich. App. 188

Wallace A. HUGGETT, an individual and Huggett Sod Farm, a Michigan corporation d/b/a Michigan Cranberry Farm, Plaintiffs-Appellees/Cross-Appellant, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided October 16, 1998, at 9:00 a.m.

Released for Publication January 15, 1999.


Attorney(s) appearing for the Case

D. Haywood & Associates, P.C. (by David J. Haywood and Mark A. Cooley), Lansing, for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, A. Michael Leffler and Stephen F. Schuesler, Assistant Attorneys General, for the defendant.

Before: WHITE, P.J., and SAAD and MARKEY, JJ.


MARKEY, J.

Defendant appeals as of right a declaratory judgment in favor of plaintiffs. We affirm in part and reverse in part.

In 1982, the state of Michigan, through defendant, deeded the wetland at issue to Michigan National Bank (MNB) in exchange for a parcel of land owned by MNB. The deed from the state to MNB included a condition that the land be used for peat farming and that if the condition were violated, the state had the right to reenter and retake...

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