NFIB Legal Foundation filed a brief supporting a ruling that shoreline property owners may control trespass on the beach to the water’s edge. For many small businesses that only net $40,000 to $60,000 a year, their business property is often their biggest asset and NFIB wants to ensure that private property rights are protected. The brief explains that shoreline owners, and not the state, own Michigan’s dry beaches above the water’s edge.
Status: Decided. On July 29, 2005, the Michigan Supreme Court rejected NFIB's and the property owners' arguments and ruled that trespassing is permitted on dry beaches above the water's edge.