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CASCADE TWP. v. CASCADE RES. REC., INC.

Docket No. 54605.

118 Mich. App. 580 (1982)

325 N.W.2d 500

TOWNSHIP OF CASCADE v. CASCADE RESOURCE RECOVERY, INC.

Michigan Court of Appeals.

Decided August 23, 1982.

Attorney(s) appearing for the Case

Freihofer, Oosterhouse, DeBoer & Barnhart, P.C., for plaintiff.

Richard J. Quist, for defendant.

Amici Curiae:

Ada-Cascade Watch, Inc., Foremost Insurance Company, Thornapple Association, Inc., Cascade-Thornapple Association, John Barfuss, Gary Shoup, Tom Brower, Rosa Brower, Max Smith, William Foreman, Mary Foreman, Neil Oosterhouse, and Lavinia Oosterhouse (by Peter W. Steketee).

National Solid Wastes Management Association (by Cooper & Fink).

Before: R.M. MAHER, P.J., and D.E. HOLBROOK, JR., and R. ROBINSON, JJ.

D.E. HOLBROOK, JR., J.

Plaintiff appeals as of right the trial court's grant of defendant's motion for summary judgment. The court declared that the state has so pre-empted the regulation of solid and hazardous waste disposal pursuant to 1978 PA 641 and 1979 PA 64, respectively, that plaintiff cannot require defendant to adhere to the ordinances involved. The trial court further ruled that plaintiff cannot prevent defendant from completing the already commenced construction...

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