Binsfeld v. Department of Natural Resources

Defendants appeal as of right from an order granting summary disposition in favor of plaintiffs under MCR 2.116(0(10) and permanently enjoining defendants from enforcing the provisions of the Department of Natural Resources Director’s Order No. DFI-104.86, which converted an 8.7-mile section of the Au Sable River known as the Holy Waters to a no-kill fishing area for the protection of large brown trout. The order was entered pursuant to an opinion ruling that, although the director’s order was authorized by law, it was not supported by competent, material, and substantial evidence that a…