Opinion

Aikens v. Department of Conservation

  • 28 Mich. App. 181
  • 384 Mich. 805
  • 184 N.W.2d 222
  • 1971 Mich. LEXIS 835
Court
Michigan Court of Appeals
Filed
Feb 10, 1971
Status
Published
Author
McGregor
On the bench
McGregor, Bronson, Mahinske
Cited by
4 cases

The opinion

McGregor, P. J.

(dissenting).

The pertinent facts are set forth in the majority opinion in this cause.

My dissent from the majority opinion is based on the language of the statute, MCLA § 308.14 (Stat Ann 1967 Rev § 13.1505(d)), which provides:

“(d) Perch, of a less length than 8 1/2 inches in the round and filleted perch of a less weight than 1 3/4 ounces; perch with heads and tails off of a less length than 5 1/2 inches;” (Emphasis added.)

It is my considered judgment that the legislature used the word “and”, and did not mean or intend “or”. Therefore, I would affirm the Court of Claims in the summary judgment in favor of the State of Michigan.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.