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DEPARTMENT OF AGRICULTURE v. ENGLE

No. 359098.

999 N.W.2d 73 (2022)

344 Mich. App. 213

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT and Acme Township, Plaintiffs-Appellees, v. Kenneth L. ENGLE and Janet C. Engle, Defendants/Cross-Defendants-Appellants and Yuba Orchard Company, LLC, Defendant/Cross-Plaintiff-Appellee.

Court of Appeals of Michigan.

Decided November 10, 2022, at 9:30 a.m.

Attorney(s) appearing for the Case

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Kelly M. Drake and Danielle Allison-Yokom , Assistant Attorneys General, for the Michigan Department of Agriculture and Rural Development.

Sondee, Racine & Doren, PLC (by Jeffrey L. Jocks ) for Acme Township.

Alward, Fisher, Rice, Rowe & Graf, PLC, Traverse City (by Joseph R. Zayaz and Joseph C. Fisher ) and Lachman King PLC (by Sara G. Lachman and Michael S. King ) for Kenneth L. Engle and Janet C. Engle.

Kuhn Rogers PLC, Traverse City (by Troy W. Stewart and R. Edward Kuhn ) for Yuba Orchard Company, LLC.

Olson, Bzdok & Howard, PC (by Rebecca L. Millican and Ross At Hammersley, Traverse City) for Heart of the Lakes Center for Land Conservation Policy, Land Trust Alliance, American Farmland Trust, and Grand Traverse Regional Land Conservancy, Amici Curiae.

Before: Markey, P.J., and Sawyer and Boonstra, JJ.

Defendants Kenneth L. Engle and Janet C. Engle (defendants) appeal by leave granted from an order of the circuit court denying their motion for summary disposition and granting summary disposition to plaintiffs and rescinding the sale of property by defendants to defendant Yuba Orchard Company, LLC (Yuba). We affirm.

The trial court...

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