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



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Enviro-Mich message from Larry Nooden <ldnum@umich.edu>
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This is going on all the time, especially in coastal areas. The real estate business is truly "shark-infested waters".

Still, all that is nothing compared to what will happen if it becomes easier to break restrictive easements on land. There is a lot of money to be made, so there is activity to weaken protective easements under the current national administration. Careful watch is needed. Larry Noodén

--On Friday, July 29, 2005 12:30 PM -0400 Anne Woiwode <Anne.Woiwode@sierraclub.org> wrote:

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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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