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PRESERVE DUNES, INC. v. DEQ

Docket No. 231728.

655 N.W.2d 263 (2002)

253 Mich. App. 263

PRESERVE THE DUNES, INC., Plaintiff-Appellant, v. DEPARTMENT OF ENVIRONMENTAL QUALITY and Technisand, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 4, 2002, at 9:00 a.m.

Released for Publication December 26, 2002.

Attorney(s) appearing for the Case

Taglia, Fette, Dumke, Passaro & Kahne, P.C. (by Thomas R. Fette), Beier Howlett, P.C. (by Jeffrey K. Haynes), St. Joseph, Bloomfield Hills, and Neal, Gerber & Eisenberg (by Phil C. Neal and Maria J. Minor), Chicago, Illinois, for Preserve the Dunes, Inc.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and James R. Piggush, Assistant Attorney General, for the Department of Environmental Quality.

Howard & Howard Attorneys, P.C. (by James H. Geary), Kalamazoo, for TechniSand, Inc.

Before: OWENS, P.J., and MARKEY and MURRAY, JJ.

MARKEY, J.

Plaintiff, Preserve the Dunes, Inc., appeals by right the trial court's order granting partial summary disposition in favor of defendants Department of Environmental Quality and TechniSand, Inc., and the court's order of no cause of action in favor of defendants following a bench trial. In this lawsuit, plaintiff challenges the DEQ's issuance of an amended permit that allows TechniSand to expand noncritical sand...

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