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No. 125740
| People of the State of Michigan, |
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Ronald J. Schafer |
Plaintiff-Appellee, |
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vs (Ionia - Miel, C.) |
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Frank Gatski, |
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Patrick M. Duff |
Defendant-Appellant. |
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Click to view briefs in Adobe format:
Defendant-Appellant's Application for Leave to Appeal>>
Plaintiff-Appellee's Brief in Response to Application>>
Background
Frank Gatski was fishing in the Grand River near the Webber Dam in Lyons Township on November 10, 2001 , when he hooked a large fish. The fish swam into a gap between the grating and coffer of the dam and Gatski, in an attempt to guide the fish out of the gap, waded through the water past "no trespass" signs at the dam's grating and stepped onto the grating. A conservation officer was patrolling the dam, which is owned and operated by Consumers Energy Company, when he noticed Gatski standing on the grating. He cited Gatski for recreational trespass under MCL 324.73102(1). Gatski objected to the charge and argued in district court that his fishing activity and entry onto the grating was permissible under an exception to the recreational trespass statute. He also asserted that Consumers Energy had no right to restrict his right to use the stream or to regulate fishing at the dam. The district court ruled against Gatski, who appealed. The circuit court reversed and dismissed the trespass charge, but the Court of Appeals reversed the circuit court and remanded the case for further criminal proceedings. Gatski appeals.
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