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ANGLERS OF AuSABLE v. DEPT. OF ENVTL. QLTY.

Docket Nos. 138863, 138864, 138865, 138866 COA Nos. 279301, 279306, 280265, 280266.

777 N.W.2d 407 (2010)

ANGLERS OF the AuSABLE, INC., Mayer Family Investments, LLC, and Nancy A. Forcier Trust, Plaintiffs-Appellants, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Director of the Department of Environmental Quality, and Merit Energy Company, Defendants-Appellees.

Supreme Court of Michigan.

January 29, 2010.

Order

On order of the Court, the motion to expand the record is DENIED. The application for leave to appeal the. March 31, 2009 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether defendant Merit Energy Company could be conveyed or granted the right to discharge water on land owned by the state; (2) what test should be applied to determine whether and the extent to which Merit may...

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