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ANGLERS OF AUSABLE v. DEPT. OF ENVIRONMENTAL QUALITY

Docket Nos. 279301, 279306, 280265, and 280266.

770 N.W.2d 359 (2009)

283 Mich. App. 115

ANGLERS OF the AUSABLE, INC. v. DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeals of Michigan.

Decided March 31, 2009, at 9:10 a.m.

Attorney(s) appearing for the Case

Olson, Bzdok & Howard, P.C. (by James M. Olson, Scott W. Howard, and Jeffrey L. Jocks), Traverse City, and Thomas A. Baird for Anglers of the AuSable, Inc.

Topp Law PLC (by Susan Hlywa Topp), Gaylord, for Mayer Family Investments, L.L.C., and the Nancy A. Forcier Trust.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Tonatzin M. Alfaro Maiz, Assistant Attorney General, for the Department of Environmental Quality.

Foster, Swift, Collins & Smith, P.C. (by Charles E. Barbieri and Zachary W. Behler), Lansing, for Merit Energy Company.

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

MURRAY, P.J.

In these consolidated appeals, defendants, the Department of Environmental Quality and the Director of the Department of Environmental Quality (collectively the DEQ), and Merit Energy Company, appeal as of right the trial court's June 25, 2007, opinion and final order granting in part plaintiffs' motion for clarification and modification of the court's prior order of injunction. Plaintiffs Anglers of the AuSable, Inc., and Mayer Family Investments, L...

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