Jurisdictional Statement/Statement of Question Involved

Amicus curiae does not contest jurisdiction.

Since this Court’s most recent case on regulatory takings, K & K Const, Inc v Dep’t of Natural Res, 456 Mich 570 (1998), improperly relies on federal precedent that diminishes property rights and impermissibly allows government on behalf of the public to shift the high costs of regulations and laws to a few individuals, this Court should examine the following question if leave to appeal were granted in this case: Does K & K Const, Inc violate the common understanding of art. 10, § 2 of the Michigan Constitution as articulated by Michigan Supreme Court Justice Thomas Cooley and by pre-1963 Michigan case law?

Amicus curiae’s answer: Yes

Plaintiffs’ answer: Unknown

Defendant’s answer: Unknown