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GMOSER'S SEPTIC SERV. v. EAST BAY TP.

Docket No. 309999.

831 N.W.2d 881 (2013)

299 Mich. App. 504

GMOSER'S SEPTIC SERVICE, LLC v. EAST BAY CHARTER TOWNSHIP.

Court of Appeals of Michigan.

Decided February 19, 2013, at 9:00 a.m.

Attorney(s) appearing for the Case

Kuhn, Darling, Boyd & Quandt, PLC, Traverse City (by Joseph E. Quandt and Gina Bozzer ), for the Michigan Septic Tank Association.

Olson, Bzdok & Howard, P.C. (by Scott W. Howard , Traverse City and Ross A. Hammersley , Troy), for East Bay Charter Township, Grand Traverse County, and Grand Traverse County Board of Public Works.

Before: FITZGERALD, P.J., and METER and M.J. KELLY, JJ.

PER CURIAM.

In this dispute over the local regulation of septage waste, intervening plaintiff, Michigan Septic Tank Association, appeals by right the trial court's order dismissing the association's claim that Part 117 of the Natural Resources and Environmental Protection Act, MCL 324.11701 et seq., preempts defendant, East Bay Charter Township's, ordinance requiring septage service providers to deliver all septic-tank waste collected from within the township...

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