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PURE WATERS v. MICHIGAN DEPT. OF NATURAL RESOURCES

Civ. A. No. 94-74869.

883 F.Supp. 199 (1995)

PURE WATERS INC., a not-for-profit corporation, Plaintiff, v. MICHIGAN DEPARTMENT OF NATURAL RESOURCES, Roland Harms, Director; Oakland County Drain Commission, George W. Kuhn, Commissioner; Chapter 20 Birmingham Combined Sewer Overflow Drain Board, George W. Kuhn, Chairman; City of Birmingham, Thomas M. Markus, City Manager, Defendants.

United States District Court, E.D. Michigan, Southern Division.

April 21, 1995.

Attorney(s) appearing for the Case

Jean Ligon, Ligon & Naber, Brighton, MI, David S. Bailey, Beaverdam, VA, for plaintiff.

John Scherbarth, Asst. Atty. Gen., Lansing, MI, for defendant MDNR.

Timothy J. Currier, P. Daniel Christ, Beier Howlett, P.C., Bloomfield Hills, MI, for defendant City of Birmingham.

Miller, Canfield, Paddock & Stone, Detroit, MI, for defendant Oakland County Drain Com'n and Chapter 20 Birmingham CSO Drain Bd.

OPINION AND ORDER DENYING PLAINTIFF'S REQUEST FOR AN INJUNCTION

FEIKENS, District Judge.

I. Background

The City of Birmingham, Michigan (Birmingham), the Oakland County Drain Commission and the Chapter 20 Birmingham Combined Sewer Overflow Drain Board are in the process of constructing a large retention basin (RTB) in Linden Park, a public park in Birmingham.1 It is the approval of the Linden Park RTB by the regulatory...

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