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Department of Natural Resources v. Holloway Construction Co.
Citations: 478 N.W.2d 677; 191 Mich. App. 704Docket: Docket 121265
Court: Michigan Court of Appeals; November 14, 1991; Michigan; State Appellate Court
The Michigan Court of Appeals affirmed the trial court's decision regarding the Department of Natural Resources (DNR) and Holloway Construction Company. The DNR initiated a complaint to impose civil penalties and seek an injunction against the defendants for activities on their wetlands. In response, Holloway Construction counterclaimed, asserting that the property in question was not wetlands, thus arguing that DNR's regulation constituted an unlawful taking without just compensation. The trial court granted DNR's motion for summary disposition, ruling that it lacked subject-matter jurisdiction over the counterclaim, as the Court of Claims holds exclusive jurisdiction for claims against the state, including those alleging property takings without compensation. The appellate court reviewed the jurisdictional issue de novo and confirmed that a circuit court cannot issue a declaratory judgment unless it possesses jurisdiction over the underlying issue. Consequently, the court affirmed the trial court's ruling, concluding that Holloway Construction's request for a declaratory judgment regarding DNR's regulation was not within the circuit court's jurisdiction.