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BURT TP. v. DEPARTMENT OF NATURAL RESOURCES

Docket No. 111334, Calendar No. 13.

593 N.W.2d 534 (1999)

459 Mich. 659

TOWNSHIP OF BURT, Plaintiff-Appellee, v. STATE of Michigan, DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Secrest, Wardle, Lynch, Hampton, Truex & Morley (by Gerald A. Fisher and Thomas R. Schultz), Farmington Hills, MI, and Lyon & Ingelson (by Jeffrey T. Lyon), Cheboygan, MI, for plaintiff-appellee.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and James L. Stropkai and Stephen M. Rideout, Assistant Attorneys General, Lansing, MI, for defendant-appellant.

Kohler & Black, P.L.C. (by Ellen J. Kohler), Traverse City, MI, amici curiae, for Michigan Environmental Council.

Olson, Noonan, Ursu & Ringsmuth, P.C. (by James M. Olson and Christopher M. Bzdok), Traverse City, MI, amici curiae, for Burt Township Association.

Butzel, Long (by James Y. Stewart), Birmingham, MI, amici curiae, for Michigan Boating Industries Association.

Miller, Canfield, Paddock & Stone, P.L.C. (by Larry J. Saylor), Detroit, MI, amici curiae, for Huron-Clinton Metropolitan Authority.

David M. McCleary, Lansing, MI, amici curiae, for Michigan United Conservation Clubs, Federation of Fly Fishers, Anglers of the AuSable, and Michigan Recreation and Parks Association.

Bauckham, Sparks, Rolfe & Thomsen, P.C. (by John H. Bauckham), Kalamazoo, MI, amici curiae, for Michigan Townships Association and Michigan Municipal League Legal Defense Fund.

Opinion

YOUNG, J.

We granted leave to appeal in this case to determine whether defendant, the Michigan Department of Natural Resources, is required to comply with plaintiff Burt Township's zoning ordinance in constructing a public-access boat launch on the shores of Burt Lake. We conclude that the DNR is subject to Burt Township's zoning ordinance. Accordingly, we affirm the judgment of the Court of Appeals.

I. Factual and Procedural Background...

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