TRAVERSE LIGHT & POWER BD. v. HOME INS. CO.

Docket No. 151170.

209 Mich. App. 112 (1995)

530 N.W.2d 150

TRAVERSE CITY LIGHT AND POWER BOARD v. THE HOME INSURANCE COMPANY

Michigan Court of Appeals.

Decided March 6, 1995, at 9:05 A.M.


Attorney(s) appearing for the Case

Rossi, Olson & Levine, P.C. (by Barry L. Levine and James M. Olson), for the plaintiff.

Roberts, Betz & Bloss, P.C. (by David Bloss and Scott R. Newfer), for the defendant.

Before: TAYLOR, P.J., and MacKENZIE and M.J. MATUZAK, JJ.


TAYLOR, P.J.

Defendant appeals as of right the trial court order granting summary disposition in favor of plaintiff. We reverse.

From 1975 to 1987, plaintiff disposed of its fly ash, a waste material produced by its electrical generation plant, at the abandoned Samuelson gravel pit. In the early 1980s, plaintiff began taking steps to obtain a type III license to dispose of inert materials. As a requirement of the licensing application, plaintiff conducted...

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