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State ex rel. Director of the Mich. Dep't of Natural Resources v. Chippewa Landing

Citation: 8 ELR 20614
No. No. 29871, 266 N.W.2d 658/82 Mich. App. 37, (Mich. Ct. App., 03/20/1978)

The court reverses the lower court's invalidation of a section of the State Administrative Code under which plaintiff state agency claimed authority to regulate the use of state recreational lands for business or commercial purposes. The trial court erred in determining that the provision is an unconstitutional delegation of legislative power under the precedent developed by the court of appeals. The so-called "delegation doctrine" has been criticized by commentators, and its applicability in Michigan is now under consideration in the state supreme court. In anticipation that the doctrine will be rejected, the court finds it inapplicable in this case, upholds the constitutionality of the administrative statute in question, and remands for further proceedings.

Counsel for Appellant
Frank J. Kelley, Attorney General; Robert A. Derengoski, Solicitor General; Thomas J. Emery, Ass't Attorney General
Department of Attorney General
525 W. Ottawa, Lansing MI 48913
(517) 373-1110

Counsel for Appellees
John L. Cote
Willingham, Cote, Hanslovsky, Griffith & Foresman, P.C.
1331 E. Grand River Ave., E. Lansing MI 48823
(517) 351-6200

Before MAHER, P J., and KELLY and KELLEY,* JJ.