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STATE v. CITY OF DETROIT

Docket No. 63931.

130 Mich. App. 503 (1983)

343 N.W.2d 597

STATE OF MICHIGAN v. CITY OF DETROIT

Michigan Court of Appeals.

Decided November 21, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and David Brockman and Stanley F. Pruss, Assistants Attorney General, for the State of Michigan.

William L. Cahalan, Prosecuting Attorney, and Donald A. Campbell and Joseph B. Klein, Assistants Prosecuting Attorney, for the Wayne County Health Department Air Pollution Control Division.

Sylvester Delaney, Deputy Corporation Counsel, and Darryl F. Alexander and Stuart Trager, Assistants Corporation Counsel, for the City of Detroit.

Berry, Hopson, Francis, Mack & Seifman (by Ronald E. Mack), for the Central Wayne County Sanitation Authority.

Before: BEASLEY, P.J., and M.J. KELLY and N.J. LAMBROS, JJ.

N.J. LAMBROS, J.

Defendant, the City of Detroit, and intervening defendant, the Central Wayne County Sanitation Authority (CWCSA), appeal as of right from a summary judgment in a declaratory judgment action brought against them by the state. This appeal involves a question of first impression concerning the surveillance fees imposed pursuant to Michigan's Air Pollution Act, MCL 336.11 et seq.; MSA 14.58(1)

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