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BILL KETTLEWELL, INC. v. MICHIGAN DNR

Civ. A. No. 89-30015.

716 F.Supp. 1012 (1989)

BILL KETTLEWELL, INC., a Michigan corporation, d/b/a Fort Gratiot Sanitary Landfill, Plaintiff, v. MICHIGAN DEPARTMENT OF NATURAL RESOURCES, David Hales, Director of Michigan Department of Natural Resources, St. Clair County Health Department, and John B. Parsons, Director of St. Clair County Health, Defendants.

United States District Court, E.D. Michigan, S.D.

June 7, 1989.

Attorney(s) appearing for the Case

Daniel P. Perk, Robert A. Fineman, Honigman, Miller, Detroit, Mich. and David R. Heyboer, Luce, Henderson, Port Huron, Mich., for Bill Kettlewell Excavating, Inc., a Michigan Corp., plaintiff.

Frank J. Kelley, Atty. Gen., Thomas J. Emery, and Leo H. Friedman, Asst. Attys. Gen., Natural Resources Div., Lansing, Mich., for Michigan Dept. of Natural Resources and David Hales, Director of Michigan Dept. of Natural Resources, defendants.

Robert H. Cleland, St. Clair County Corp. Counsel, Port Huron, Mich., and Lawrence R. Terman, Beier Howlett Ternan Jones Shea & Hafeli, Bloomfield Hills, Mich., for St. Clair County Health Dept., defendant and counter-plaintiff, John B. Parsons, Director of St. Clair County Health, St. Clair County Metropolitan Planning Com'n, Gordon Ruttan, Director, St. Clair County Metropolitan Planning Com'n, St. Clair County Solid Waste Planning Committee, and Peg Clute, Chairperson, St. Clair County Solid Waste Planning Committee, defendants.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

This matter is before the Court on the defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).1 The plaintiff filed suit in this Court seeking injunctive and declaratory relief, alleging that certain amendments to the Michigan Solid Waste Management Act (MSWMA), Michigan Comp.Laws Ann. §...

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