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NEMETH v. ABONMARCHE DEVELOPMENT, INC.

Docket No. 106747, Calendar No. 12.

576 N.W.2d 641 (1998)

457 Mich. 16

Theodore W. NEMETH and Winifred A. Nemeth; Jon C. Falk and Peggy Falk; Art Anderson and Wilma Anderson; and Wayne Hansen, Plaintiffs-Appellants, v. ABONMARCHE DEVELOPMENT, INC., also known as Abonmarche, Inc., also known as Manistee Village Partners; Abonmarche Consultants, Inc.; Morren Construction & Engineering, Inc., also known as Morren Construction, Inc.; MacLean Construction, Inc.; and City Of Manistee, Defendants-Appellees.

Supreme Court of Michigan.

Decided April 21, 1998.

Attorney(s) appearing for the Case

Rosi Law Offices, P.C. by Philip R. Rosi, Traverse City, and Olson, Noonan, Ursu & Ringsmuth, P.C. by James M. Olson, Traverse City, for plaintiffs-appellants.

Sullivan, Crowley & Beeby, P.C. by George W. Beeby, Traverse City, for defendants-appellees Abonmarche Development, Inc.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton by Thomas G. Herman, Grand Rapids, for defendant-appellee City of Manistee.

Cross, Wrock, P.C. by Jack O. Kalmink, Detroit, for defendant-appellee Moren Construction & Engineering, Inc.

Smith, Haughey, Rice & Roegge by Jon D. Vander Ploeg, Grand Rapids, for defendant-appellee MacLean Construction Company.

Rentrop, Vanderkloot, Haynes & Morrison, P.C. by Jeffrey K. Haynes and C. Thomas Ludden, Bloomfield Hills, amicus curiae, for Michigan Environmental Council.

Opinion

BRICKLEY, Justice.

I

We are called upon to decide two issues in this case. First, we must determine whether violations of the soil erosion and sedimentation control act, M.C.L. § 324.9101 et seq.; M.S.A. § 13A.9101 et seq. (SESCA), can form the basis of a prima facie case under the Michigan environmental protection act, M.C.L. § 324.1701 et seq.; M.S...

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