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BURLESON v. DEP'T OF ENVIRONMENTAL QUALITY

Docket No. 292916.

808 N.W.2d 792 (2011)

292 Mich. App. 544

BURLESON v. DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeals of Michigan.

Decided May 12, 2011, at 9:10 a.m.

Attorney(s) appearing for the Case

Warner Norcross & Judd, LLP, Grand Rapids (by Matthew T. Nelson , William C. Fulkerson , and Scott M. Watson ), for Bobby Burleson.

Bill Schuette , Attorney General, and Louis B. Reinwasser , Assistant Attorney General, for the Department of Environmental Equality.

McClelland & Anderson, L.L.P., Lansing (by Gregory L. McClelland and David E. Pierson ), for the Michigan Association of Realtors.

McClelland & Anderson, L.L.P., Lansing (by Gregory L. McClelland and David E. Pierson ), for the Michigan Association Home Builders.

Richard K. Norton for the Michigan Association of Planning.

Before: MURPHY, C.J., and METER and GLEICHER, JJ.

METER, J.

Petitioner appeals by leave granted from a circuit court order that affirmed respondent's declaratory ruling that its jurisdiction as set forth in MCL 324.32502, a provision of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.101 et seq., extends to the natural ordinary high-water mark produced by the action of water against the shore. We agree with petitioner that respondent has misconstrued MCL 324.32502 and that respondent...

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