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TUSCOLA AREA AIRPORT v. AERONAUTICS COM'N

No. 357209, No. 357210.

987 N.W.2d 898 (2022)

340 Mich. App. 760

TUSCOLA AREA AIRPORT ZONING BOARD OF APPEALS, Appellant, v. MICHIGAN AERONAUTICS COMMISSION, Department of Transportation, and Pegasus Wind, LLC, Appellees. Tuscola Area Airport Authority, Appellant, v. Michigan Aeronautics Commission, Department of Transportation, and Pegasus Wind, LLC, Appellees.

Court of Appeals of Michigan.

Decided February 24, 2022, 9:30 a.m.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, PC, Grand Rapids (by Michael D. Homier and Laura J. Genovich ) for the Tuscola Area Airport Zoning Board of Appeals.

Barnes & Thornburg LLP, Grand Rapids (by Scott Dienes and Aaron D. Lindstrom ) for the Tuscola Area Airport Authority.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Michael J. Dittenber , Assistant Attorney General, for the Michigan Aeronautics Commission and the Department of Transportation.

Warner Norcross + Judd LLP (by Jonathan E. Lauderbach , Midland, Daniel P. Ettinger , and Ashley G. Chrysler , Grand Rapids) for Pegasus Wind, LLC.

Before: Rick, P.J., and Murray and Shapiro, JJ.

In these consolidated appeals, appellants the Tuscola Area Airport Zoning Board of Appeals (the AZBA) and Tuscola Area Airport Authority (Airport Authority) appeal as of right the order of the Ingham Circuit Court granting appellee Pegasus Wind, LLC's motion to dismiss, with concurrence by appellees the Michigan Aeronautics Commission...

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