Kiesel Intercounty Drain Drainage District v. Department of Natural Resources

In this declaratory action, defendant, the Department of Natural Resources (dnr), appeals as of right the order granting summary disposition in plaintiffs favor pursuant to MCR 2.116(C)(10). The issue presented in this appeal is whether dnr permits are required before plaintiff may complete a drain project in the Midland County portion of the Kiesel Intercounty Drain Drainage District. The trial court concluded that the project was exempt from the permit requirements contained in the now-repealed Inland Lakes and Streams Act (ILSA), MCL 281.951 et seq.; MSA 11.475(1) et seq., and the…