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CITY OF BRIGHTON v. TOWNSHIP OF HAMBURG

Docket No. 234703.

677 N.W.2d 349 (2004)

260 Mich. App. 345

CITY OF BRIGHTON, Plaintiff-Appellee, and Attorney General and Department of Environmental Quality, Intervening Plaintiffs-Appellees, v. TOWNSHIP OF HAMBURG, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 15, 2004, at 9:05 a.m.

Released for Publication April 2, 2004.

Attorney(s) appearing for the Case

Paul E. Burns, Brighton, for the city of Brighton.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Gary L. Finkbeiner, Assistant Attorney General, for the Department of Environmental Quality.

Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. (by Marcelyn A. Stepanski and Carol A. Rosati), Farmington Hills, for the defendant.

Before: MARKEY, P.J., and SAAD and WILDER, JJ.

SAAD, J.

The township of Hamburg appeals an order granting summary disposition to the city of Brighton and intervening plaintiffs, Michigan Attorney General and Department of Environmental Quality (DEQ). We affirm.

I. Nature of the Case

This case presents the question of which level of government, state or local, has the authority to determine the permissible level of chemicals to be deposited in our state's waters, here into South Ore Lake, by a...

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