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PEOPLE v. GATSKI

Docket No. 243581.

677 N.W.2d 357 (2004)

260 Mich. App. 360

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Frank GATSKI, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 20, 2004, at 9:00 a.m.

Released for Publication April 2, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Gail Benda, Prosecuting Attorney, and Kevin L. Tyrrell, Assistant Prosecutor, for the people.

Patrick M. Duff, Portland, for the defendant on appeal.

Before: MARKEY, P.J., and MURPHY and TALBOT, JJ.

TALBOT, J.

We granted the prosecution leave to appeal the Ionia Circuit Court order that dismissed the charge of recreational trespass, MCL 324.73102(1). The question before us is whether § 73102(3) of the recreational trespass statute allows recreational fishing on the property of a privately owned dam when the property is posted in a conspicuous manner against trespassing. We conclude that it does not. Accordingly, we reverse the order of the circuit court...

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