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STATE OF MICHIGAN
COURT OF APPEALS


TERRENCE COX and OLIVIA COX, Plaintiffs-Appellants, v DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant-Appellee, and TOWNSHIP OF SUMMERFIELD, Defendant.

UNPUBLISHED July 24, 2001

No. 222809 Court of Claims LC No. 98-017137-CM

Before: Wilder, P.J., and Hood and Griffin, JJ. PER CURIAM. Plaintiffs appeal as of right the order granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(8) in this inverse condemnation action. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Defendant issued a mining permit to George Musson of Musson Sand and Stone, Inc., to excavate sand from a parcel adjacent to plaintiffs' land. The permit stated that Musson shall not cause a drawdown of the water table at any time. Plaintiffs supplied defendant with a report showing that the mining operations had lowered the water table on their property. Defendant directed Musson to cease mining operations and to prepare a plan to prevent the drawdown. Plaintiffs brought this inverse condemnation action, asserting that defendant actively facilitated the taking of their property. The Court of Claims granted defendant's motion for summary disposition, finding that the issuance of a permit or failure to enforce a permit is not a taking of private property for public use, and did not violate Const 1963, art 10,

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