PRESERVE THE DUNES, INC., Plaintiff-Appellee,
v.
Michigan DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant, and
TechniSand, Inc., Defendant-Appellant.
Preserve the Dunes, Inc., Plaintiff-Appellee,
v.
Michigan Department of Environmental Quality, Defendant-Appellant, and
TechniSand, Inc., Defendant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued October 16, 2003.
Decided July 30, 2004.
Attorney(s) appearing for the Case
Neal, Gerber & Eisenberg (by Phil C. Neal), Chicago, IL, Taglia Fette Dumke & White P.C. (by Thomas R. Fette), St. Joseph, and Beier Howlett, P.C. (by Jeffrey K. Haynes and L. Rider Brice, III), Bloomfield Hills, for the plaintiff.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and James R. Piggush, Assistant Attorney General, Lansing, for defendant Department of Environmental Quality.
Howard & Howard Attorneys P.C. (by James H. Geary, Susan E. Padley, and Cara J. Edwards Heflin), Kalamazoo, for defendant TechniSand, Inc.
Clark Hill P.L.C. (by F.R. Damm, Peter D. Homes, and Paul C. Smith), Detroit, for amici curiae the Michigan Manufacturers Association.
Warner Norcross & Judd L.L.P. (by Kenneth W. Vermeulen and John J. Bursch), Grand Rapids, for amici curiae the Michigan Aggregates Association.
Law, Weathers & Richardson P.C. (by James P. Enright and Alan Bennett), Grand Rapids, for amici curiae the West Michigan Environmental Action Council, Inc.
Baker & McKenzie (by David P. Hackett and Eric W. Sievers), and Lake Michigan Federation (by Laurel O'Sullivan), Chicago, IL, for amici curiae the Lake Michigan Federation.
Supreme Court of Michigan.
Opinion
CORRIGAN, C.J.
Defendant Michigan Department of Environmental Quality (DEQ) and defendant TechniSand, Inc., appeal a Court of Appeals decision holding that the DEQ improperly granted a sand dune mining permit to TechniSand, contrary to the Michigan environmental protection act (MEPA), MCL 324.1701 et seq.1 The only issue properly before us is whether MEPA authorizes...
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