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GENESCO, INC. v. MDEQ

Docket Nos. 226214, 227466.

645 N.W.2d 319 (2002)

250 Mich. App. 45

GENESCO, INC., Plaintiff-Appellant, v. MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant-Appellee. City of Whitehall, Plaintiff/Counterdefendant-Appellee, v. Genesco, Inc., Defendant/Counterplaintiff-Appellant, v. State of Michigan and Michigan Department of Environmental Quality, Counterdefendants-Appellees.

Court of Appeals of Michigan.

Decided February 19, 2002, at 9:00 a.m.

Released for Publication May 31, 2002.

Attorney(s) appearing for the Case

Warner Norcross & Judd L.L.P. (by Robert J. Jonker and Dennis J. Donohue), Grand Rapids, for Genesco.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Christopher D. Dobyns and Joshua W. Gubkin, Assistant Attorneys General, for the Michigan Department of Environmental Quality.

Reed Stover, P.C. (by Michael B. Ortega and Patricia R. Mason), Kalamazoo, for the city of Whitehall.

Before: FITZGERALD, P.J., and BANDSTRA and K.F. KELLY, JJ.

FITZGERALD, Presiding Judge.

In Docket No. 226214, plaintiff Genesco, Inc., appeals as of right the Ingham Circuit Court order granting summary disposition of its complaint seeking judicial review of defendant Michigan Department of Environmental Quality's (MDEQ) failure to approve its environmental remedial action plan. In Docket No. 227466, defendant Genesco, Inc., appeals by leave granted the Muskegon Circuit Court order...

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