Department of Natural Resources v. Holloway Construction Co.

This action began when the De partment of Natural Resources filed a complaint seeking to have civil penalties assessed against defendants and to have defendants enjoined from conducting certain activities on wetlands owned by defendants. Defendants responded with a counterclaim, claiming that the property regulated by the dnr is not actually wetlands, so that regulation constituted an unlawful taking of defendants’ property without just compensation. The dnr moved for summary disposition, which the trial court granted, on the grounds that the Court of Claims had exclusive subject-matter…