K & K CONST. INC. v. DEQ

Docket No. 244455.

705 N.W.2d 365 (2005)

267 Mich. App. 523

K & K CONSTRUCTION, INC., and J.F.K. Investment Company, LLC, Plaintiffs-Appellees, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided July 26, 2005, at 9:25 a.m.

Released for Publication October 26, 2005.


Attorney(s) appearing for the Case

Robert L. Bunting, Oxford, Robert Charles Davis, Sterling Heights, and Richard L. Hoffman, Lake Orion, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and S. Peter Manning, Assistant Attorney General, for the defendant.

Before: ZAHRA, P.J., and SAAD and SCHUETTE, JJ.


SAAD, J.

The trial court entered judgment in favor of plaintiffs against defendant. Defendant appeals the judgment, and we reverse and enter judgment in favor of defendant.

I. NATURE OF THE CASE

When a citizen claims that a governmental land-use regulation, or its regulatory implementation, adversely affects the value of his or her property, and seeks just compensation under the Taking Clause of the Fifth...

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