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RE: E-M:/ RE: / Judges side with state in wetlands development case



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Enviro-Mich message from "Anne Woiwode" <Anne.Woiwode@sierraclub.org>
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While memory is a dangerous thing to rely on, I recall the particulars of
this case actually had to do with the owner subdividing and developing
pieces of a single piece of land until the final parcel that remained had
such a large proportion of wetland that the proposed development of that
piece would have required significant wetland filling.  The challenge raised
by the applicant was the claim that the state was "taking" the land by
denying the wetland permit application.  The claims by the state, led at the
time, as I recall, by then Assistant AG and now Deputy DEQ Director Skip
Pruss, and bolstered by amicus from all over the country, were that the
decisions to subdivide had led to a self-created "hardship" and that a
takings claim was entirely bogus.

Others with better filing systems and access to the current decision are
welcome to correct my memory!

Anne Woiwode

-----Original Message-----

Enviro-Mich message from JBull51264@aol.com
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It was a pretty blatant case too.  The owners knew full well that they were 
purchasing a parcel of land that had large areas of wetlands that could not
be 
developed.   They claim the state diminished the value of the land.  The
land 
never had the value they claimed.  If a developer buys a parcel with a lake
on 
it would that developer be able to assume he could fill it in to put up a 
shopping mall, and charge the state for not letting him do so.  Just crazy.

There is a latin phrase that should cover this situation:  "caveat emptor,"
or 
"Let the buyer beware."   This case has been going on for 15 years I think.
As 
I recall it had to do with the owner wanting to fill in wetlands to build a 
restaurant in Oakland County.

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==============================================================
ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.   Archives at
http://www.great-lakes.net/lists/enviro-mich/

Postings to:  enviro-mich@great-lakes.net      For info, send email to
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