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LEVY CO. v. MARINE CITY ZONING BD. OF APP.

Docket No. 296023.

810 N.W.2d 621 (2011)

293 Mich. App. 333

EDW. C. LEVY CO. v. MARINE CITY ZONING BOARD OF APPEALS.

Court of Appeals of Michigan.

Decided July 19, 2011, at 9:00 a.m.

Submitted May 4, 2011, at Detroit.

Attorney(s) appearing for the Case

Berry Reynolds & Rogowski P.C., Farmington Hills, (by Susan K. Friedlaender ) for Edw. C. Levy Co. and Levy Indiana Slag Co.

Kane, Clemons, Joachim and Downey, Algonac (by George J. Joachim ) for the Marine City Zoning Board of Appeals.

Fletcher Fealko Shoudy & Francis, P.C. (by Gary A. Fletcher and T. Allen Francis , Port Huron), for the St. Clair County Road Commission.

Musilli Brennan Associates, PLLC, St. Clair Shores (by Gary E. Gendernalik ), for Detroit Bulk Storage.

Before: WILDER, P.J., and WHITBECK and FORT HOOD, JJ.

PER CURIAM.

The Michigan Supreme Court has remanded this case for consideration as on leave granted.1 Appellants, Edw. C. Levy Co. and Levy Indiana Slag Co., doing business as St. Clair Aggregates (collectively "SCA"), challenge the circuit court's order reversing the decision of appellee, Marine City Zoning Board of Appeals. We affirm.

I. FACTS

The St. Clair County Road Commission (the "Road Commission") owns a 5.98...

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