KERNEN v. HOMESTEAD DEVELOPMENT

Docket No. 205879.

591 N.W.2d 369 (1998)

232 Mich. App. 503

Lloyd and Donna KERNEN, Plaintiffs-Appellants/Cross-Appellees, v. HOMESTEAD DEVELOPMENT COMPANY, Defendant-Appellee/Cross-Appellant.

Court of Appeals of Michigan.

Decided November 17, 1998, at 9:05 a.m.

Released for Publication February 16, 1999.


Attorney(s) appearing for the Case

Rentrop, Vanderkloot, Haynes & Morrison, P.C. by Jeffrey K. Haynes and C. Thomas Ludden, Bloomfield Hills, for the plaintiffs.

Winter, PLC by Stephen D. Winter and Ann Marie Uetz, Detroit, for the defendant.

Before TALBOT, P.J., and FITZGERALD and YOUNG, Jr., JJ.


YOUNG, Jr., J.

Plaintiffs appeal as of right an order denying their request for a permanent injunction that would prohibit defendant from discharging treated wastewater into a wetland on its property, which wastewater would then flow south into a wetland located on plaintiffs' property. Plaintiffs also appeal the trial court's decision to apportion costs. Defendant cross appeals the trial court's grant of summary disposition to plaintiffs with regard to their claim...

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