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MAYS v. SNYDER

Nos. 335555, 335725, 335726.

916 N.W.2d 227 (2018)

323 Mich. App. 1

Melissa MAYS, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, and all Others Similarly Situated, Plaintiffs-Appellees/Cross-Appellees/Cross-Appellants, v. Governor Rick SNYDER, State of Michigan, Michigan Department of Environmental Quality, and Michigan Department of Health and Human Services, Defendants-Appellants/Cross-Appellees, and Darnell Earley and Jerry Ambrose, Defendants/Cross-Appellants/Cross-Appellees, and City of Flint, Not Participating. Melissa Mays, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, and all Others Similarly Situated, Plaintiffs-Appellees, v. Governor Rick Snyder, State of Michigan, Michigan Department of Environmental Quality, and Michigan Department of Health and Human Services, Defendants, and Darnell Earley, and Jerry Ambrose, Defendants-Appellants, and City of Flint, Not Participating. Melissa Mays, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, and all Others Similarly Situated, Plaintiffs-Appellees, v. Governor Rick Snyder, State of Michigan, Michigan Department of Environmental Quality, and Michigan Department of Health and Human Services, Defendants-Appellants, and Darnell Earley and Jerry Ambrose, Defendants, and City of Flint, Not Participating.

Court of Appeals of Michigan.

Decided January 25, 2018, 9:00 a.m.

Attorney(s) appearing for the Case

Pitt McGehee Palmer & Rivers, PC (by Michael L. Pitt , Cary S. McGehee , Beth M. Rivers , and Peggy Pitt ), Goodman & Hurwitz, PC (by William Goodman , Julie H. Hurwitz , and Kathryn Bruner James ), Trachelle C. Young & Associates PLLC (by Trachelle C. Young ), Law Offices of Deborah A. La Belle (by Deborah A. La Belle ), Weitz & Luxenberg (by Gregory Stamatopoulos , Paul F. Novak , and Robin Greenwald ), and McKeen & Associates, PC (by Brian McKeen ) for plaintiffs.

Aaron D. Lindstrom , Solicitor General, Laura Moody , Chief Legal Counsel, and Richard S. Kuhl , Margaret A. Bettenhausen , Nathan A. Gambill , and Zachary C. Larsen , Assistant Attorneys General, for Governor Rick Snyder, the State of Michigan, the Michigan Department of Environmental Quality, and the Michigan Department of Health and Human Services.

Barris, Sott, Denn & Driker, PLLC (by Eugene Driker , Morley Witus , and Todd R. Mendel ), Special Assistant Attorneys General, for Governor Rick Snyder.

William Y. Kim and Reed E. Eriksson , Assistant City Attorneys, for Darnell Earley and Jerry Ambrose.

Before: Jansen, P.J., and Fort Hood and Riordan, JJ.

This case involves consolidated appeals from an October 26, 2016 opinion and order of the Court of Claims granting partial summary disposition in favor of defendants Governor Rick Snyder, the state of Michigan, the Michigan Department of Environmental Quality (DEQ), and the Michigan Department of Health and Human Services (DHHS) (collectively...

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