BIO TECH, INC. v. DNR

Docket No. 201861.

596 N.W.2d 633 (1999)

235 Mich. App. 77

BIO TECH, INC. and Stephen H. Sutherland, Plaintiffs-Appellees, v. DEPARTMENT OF NATURAL RESOURCES and Underground Storage Tank Division, Defendants-Appellants.

Court of Appeals of Michigan.

Decided April 9, 1999, at 9:00 a.m.

Released for Publication July 14, 1999.


Attorney(s) appearing for the Case

Craig W. Elhart, P.C. (by Craig W. Elhart), Traverse City, for the plaintiff.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and James L. Stropkai, Assistant Attorney General, for the defendant.

Before: FITZGERALD, P.J., and HOLBROOK, JR., and O'CONNELL, JJ.


FITZGERALD, P.J.

Defendants, Department of Natural Resources (DNR) and Underground Storage Tank Division, appeal as of right the order granting summary disposition in favor of plaintiffs, Bio-Tech, Inc., and Stephen H. Sutherland, in this action in which plaintiffs filed suit to force defendants to place them on the list of qualified underground storage tank consultants. We reverse.

The now-repealed Michigan Underground Storage Tank Financial Assurance Act...

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