Department of Natural Resources v. Holloway Const. Co., Docket No. 121265
| Decision Date | 14 November 1991 |
| Docket Number | Docket No. 121265 |
| Citation | 191 Mich.App. 704,478 N.W.2d 677 |
| Court | Court of Appeal of Michigan — District of US |
| Parties | DEPARTMENT OF NATURAL RESOURCES, Plaintiff-Appellee, v. HOLLOWAY CONSTRUCTION COMPANY, Defendant-Appellant, and Holloway Sand & Gravel Company, Inc., Rockwood Stone Company, Inc., Daniel W. Holloway, James Dusseau and Margaret Dusseau, Defendants. |
Frank J. Kelley, Atty. Gen., Gay Secor Hardy, Sol. Gen., and Thomas J. Emery
and Leo H. Friedman, Asst. Attys. Gen., for plaintiff-appellee.
Hyman & Lippitt by J. Leonard Hyman, Birmingham, for Holloway Const. Co.
Before MacKENZIE, P.J., and GRIBBS and GRIFFIN, JJ.
This action began when the Department 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 jurisdiction of defendants' counterclaim. Defendant Holloway Construction Company now appeals as of right. We affirm.
Defendant argues that the court erred in declaring that it lacked subject-matter jurisdiction of the counterclaim. Whether subject-matter jurisdiction exists is a question of law for the court. MCR 2.116(C)(4). Accordingly, the issue is reviewed de novo. People v. Slipson, 428 Mich. 858, 399 N.W.2d 394 (1987).
A circuit court has no jurisdiction to issue a declaratory judgment unless it has jurisdiction of the underlying controversy. Boyd v. Nelson Credit Centers, Inc., 132 Mich.App. 774, 348 N.W.2d 25 (1984). The Court of Claims has exclusive jurisdiction of all claims against the state and any of its departments. M.C.L. Sec. 600.6419(1)(a); M.S.A. Sec. 27A.6419(1)(a). The Court of Claims is the exclusive forum in which to seek damages for an alleged taking of an owner's property without just compensation. Lim v. Dep't of Transportation, 167 Mich.App. 751, 423 N.W.2d 343 (1988).
This precludes the circuit court from addressing defendants' request for a declaratory judgment that the DNR's...
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