ELR Citation: ELR 20418
No(s). 59458 (Mich. Ct. App. Nov 18, 1982)

The court rules that the Michigan Environmental Protection Act empowers the court to order appellee, who wrongfully cut down trees on private land, to restore the land's natural habitat. The court construes the Act, which protects "air, water or other natural resources or the public trust therein," to apply to both privately and publicly owned resources. The court holds that removal of trees can constitute destruction of natural resources. Noting that appellant maintained the land as a wildlife refuge, the court declares that restoration of habitat would be an appropriate remedy. The court remands the case for consideration of whether appellee's acts constituted sufficient impairment of natural resources to warrant an injunction.

Counsel for Appellant
Michael E. Nye
158 S. Hillsdale Rd., Hillsdale MI 49242
(517) 437-4491

Counsel for Appellee
James D. Hayne
Fry, Barker & Hayne
16 Budlong St., Hillsdale MI 49242
(517) 439-1441

Before DANHOF, C.J., and J.H. GILLIS and KNOBLOCK,^* JJ.