Schepke v. Department of Natural Resources

The Michigan Department of Natural Resources appeals as of right the August 7, 1989, order of the Presque Isle Circuit Court granting summary disposition in favor of Gerard W. Schepke. The court ruled that Schepke, as a matter of law, was the lawful owner of certain property and that the dnr had no valid interest in or claim to the mineral rights of the property. We reverse and remand.

In 1911, the state sold the property in issue, reserving the mineral rights. In 1915, an "attested correct copy” of the deed was recorded, which did not contain a reservation of the state’s mineral rights. In…