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LAKE ISABELLKA DEV., INC. v. VILLAGE OF LAKE ISABELLA

Docket No. 247156.

675 N.W.2d 40 (2004)

259 Mich. App. 393

LAKE ISABELLA DEVELOPMENT, INC., Plaintiff-Appellee, v. VILLAGE OF LAKE ISABELLA, Defendant-Appellee, and Department of Environmental Quality, Defendant-Appellant.

Court of Appeals of Michigan.

Decided November 13, 2003, at 9:05 a.m.

Released for Publication February 11, 2004.

Attorney(s) appearing for the Case

Dykema Gossett PLLC, (by Alan M. Greene), Bloomfield Hills, for Lake Isabella Development, Inc.

Lynch, Gallagher, Lynch, Martineau & Hackett, P.L.L.C., (by John J. Lynch), Mt. Pleasant, for village of Lake Isabella.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Kathleen L. Cavanaugh, Assistant Attorney General, for Department of Environmental Quality.

Paul M. Lubienski, Dearborn, for Michigan Onsite Wastewater Recycling Association.

McClelland & Anderson, L.L.P., (by Gregory L. McClelland and Melissa A. Hagen), Lansing, for Michigan Association of Home Builders and Michigan Association of Realtors.

Before: DONOFRIO, P.J., and SAWYER and O'CONNELL, JJ.

DONOFRIO, P.J.

Defendant Michigan Department of Environmental Quality (DEQ), appeals by leave granted an order granting summary disposition to plaintiff, Lake Isabella Development, Inc., declaring one of the DEQ's administrative rules, 1999 AC, R 299.2933(4) (Rule 33) invalid after the trial court found the rule to be arbitrary and capricious and not in compliance with the legislative intent of DEQ's enabling statute. The...

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