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KIMBERLY HILLS NEIGHBORHOOD ASS'N v. DION

Docket No. 43678.

114 Mich. App. 495 (1982)

320 N.W.2d 668

KIMBERLY HILLS NEIGHBORHOOD ASSOCIATION v. DION

Michigan Court of Appeals.

Decided April 5, 1982.

Attorney(s) appearing for the Case

Rentrop & Martin (by Jeffrey K. Haynes), for plaintiffs.

Hill, Lewis, Adams, Goodrich & Tait (by Robert L. Henry, Jr.), for defendants.

Amicus Curiae:

Joseph L. Sax, for the Environmental Law Society of the University of Michigan Law School.

Before: D.C. RILEY, P.J., and N.J. KAUFMAN and MacKENZIE, JJ.

MacKENZIE, J.

Plaintiffs brought this action to obtain equitable relief under the Michigan Environmental Protection Act (hereinafter MEPA), MCL 691.1201 et seq.; MSA 14.528(201) et seq. In such an action plaintiff must make a prima facie case by showing "that the conduct of the defendant has, or is likely to, pollute, impair or destroy the air, water or other natural resources or the public trust therein...

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