Aikens v. Department of Conservation

Plaintiffs are commercial perch fishermen who pursue this occupation in the Saginaw Bay area. In the summer of 1965, officers of the Michigan Department of Conservation* seized certain catches of perch taken by the fishermen on the basis that the fish were undersize and, therefore, illegal under MCLA 308.14(d); MSA 13.1505(d).

Plaintiffs instituted suit in the Court of Claims seeking $6,000 in damages, alleging that the fish had been illegally confiscated by representatives of the state. Both parties moved for summary judgment, and the Court of Claims granted defendant’s motion *498for summary…