MICHIGAN CITIZENS FOR WATER CONSERVATION, a Michigan nonprofit corporation; R.J. Doyle and Barbara Doyle, husband and wife; and Jeffrey R. Sapp and Shelly M. Sapp, husband and wife, Plaintiffs-Appellees/Cross-Appellants,
v.
NESTLÉ WATERS NORTH AMERICA INC., a Delaware corporation, Defendant-Appellant/Cross-Appellee, and
Donald Patrick Bollman and Nancy Gale Bollman, d/b/a Pat Bollman Enterprises, Defendants.
Michigan Citizens for Water Conservation, a Michigan nonprofit corporation; R.J. Doyle and Barbara Doyle, husband and wife; and Jeffrey R. Sapp and Shelly M. Sapp, husband and wife, Plaintiffs-Appellees,
v.
NestlÉ Waters North America Inc., a Delaware corporation, Defendant-Appellant, and
Donald Patrick Bollman and Nancy Gale Bollman, d/b/a Pat Bollman Enterprises, Defendants.
Court of Appeals of Michigan.https://leagle.com/images/logo.png
Submitted June 14, 2005, at Lansing.
Decided November 29, 2005, at 9:00 a.m.
Released for Publication February 3, 2006.
Attorney(s) appearing for the Case
Olson, Bzdok & Howard, P.C. (by James M. Olson and Scott W. Howard), Chris A. Shafer, and Samuels Law Office (by James R. Samuels), Traverse City, Lansing, Big Rapids, for Michigan Citizens for Water Conservation, R.J. and Barbara Doyle, and Jeffrey R. and Shelly M. Sapp.
Mika Meyers Beckett & Jones PLC (by John M. DeVries, Fredric N. Goldberg, and Douglas A. Donnell), Warner Norcross & Judd LLP (by Eugene E. Smary and Robert J. Jonker), Kilpatrick Stockton LLP (by David M. Zacks and Adam H. Charnes), and Porteous Law Office, P.C. (by David L. Porteous), Grand Rapids; Grand Rapids; Atlanta, GA; Reed City, for Nestlé Waters North America Inc.
McClelland & Anderson, L.L.P. (by Gregory L. McClelland and Melissa A. Hagen), Lansing, for the Michigan Association of Realtors.
Smith, Martin, Powers & Knier, P.C. (by David L. Powers), and Bancroft Associates PLLC (by Viet D. Dinh and Christopher D. Thuma), Bay City; Washington, DC, for Save Our Shoreline.
Noah D. Hall, Ann Arbor, for the National Wildlife Foundation, the Michigan United Conservation Clubs, and the Michigan Council of Trout Unlimited.
Eric D. Williams, Big Rapids, for the Mecosta County Development Corporation, Michigan Works! West Central, and the Mecosta County Area Chamber of Commerce.
Koernke & Crampton, P.C. (by Thomas F. Koernke), Grand Rapids, for the Michigan Water Environment Association.
Law, Weathers & Richardson, P.C. (by Clifford H. Bloom and Michael J. Roth), Grand Rapids, for the Michigan Lake & Stream Associations, Inc.
Honigman Miller Schwartz and Cohn LLP (by John D. Pirich, Timothy Sawyer Knowlton, Grant R. Trigger, and S. Lee Johnson), Lansing, for the Michigan Chamber of Commerce, the Michigan Chemistry Council, and the Michigan Agri-Business Association.
Clark Hill PLC (by F.R. Damm, David D. Grande-Cassell, and Aaron O. Matthews), Lansing, for the Michigan Manufacturers Association.
McKay & McKay (by Lawrence I. McKay III), Frankfort, for the Anglers of the AuSauble, Inc.; and the Great Lakes Council, Inc. of the Federation of Fly Fishers.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and S. Peter Manning and Sara R. Gosman, Assistant Attorneys General, for the Department of Environmental Quality.
Michael A. Cox, Attorney General, for the Attorney General.
Before: MURPHY, P.J., and WHITE and SMOLENSKI, JJ.
Court of Appeals of Michigan.
SMOLENSKI, J.
In Docket No. 254202, defendant Nestlé Waters North America Inc. (Nestlé) appeals as of right the trial court's imposition of an injunction barring it from withdrawing any groundwater from property owned by Donald Patrick Bollman and Nancy Gale Bollman, doing business as Pat Bollman Enterprises (the Bollmans).1 Plaintiffs cross-appeal the trial court's earlier decision to grant defendants partial summary disposition...
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