Categories: Michigan Supreme Court Opinions

HUGGETT v. DEPARTMENT OF NATURAL RESOURCES, 113463 (Mich. 7-5-2000)

613 N.W.2d 724

WALLACE A. HUGGETT and HUGGETT SOD FARM, d/b/a MICHIGAN CRANBERRY COMPANY, Plaintiffs-Appellants, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellee.

No. 113463 (65).Supreme Court of Michigan.
July 5, 2000.

Appeal from COA: 195548, Michigan, Cheboygan CC: 92-003398-CE.

On order of the Court, the application for leave to appeal from the October 16, 1998 decision of the Court of Appeals and the motion to participate and file amicus curiae brief are considered. The motion to participate and file amicus curiae brief is GRANTED. Pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal we DIRECT that within 28 days of this order the plaintiffs-appellants file a supplemental brief in support of the application addressing the question whether failure to exhaust administrative remedies presents an impediment to judicial review of whether plaintiffs-appellants’ activities were exempt from the permit requirements of MCL 324.30304; MSA 13A.30304 under the “farming exemption” of MCL 324.30305(2)(e); MSA 13A.30305(2)(e). The defendant-appellee will have 21 days from the filing of any supplemental brief in support of the application by the plaintiffs-appellants to file a reply brief. The application remains under consideration.

jdjungle