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PRESERVE THE DUNES, INC. v. DEQ

Docket No. 231728.

690 N.W.2d 487 (2004)

264 Mich. App. 257

PRESERVE THE DUNES, INC., Plaintiff-Appellant, v. DEPARTMENT OF ENVIRONMENTAL QUALITY and TECHNISAND, INC., Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 28, 2004, at 9:00 a.m.

Released for Publication December 22, 2004.

Attorney(s) appearing for the Case

Taglia, Fette, Dumke, Passaro & Kahne, P.C. (by Thomas R. Fette), Beier Howlett, P.C. (by Jeffrey K. Haynes and L. Rider Brice, III), and Neal, Gerber, Eisenberg (by Phil C. Neal), St. Joseph; Bloomfield Hills; Chicago, IL, for the plaintiff.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and James R. Piggush, Assistant Attorney General, for the Department of Environmental Quality.

Howard & Howard Attorneys, P.C. (by James H. Geary, Susan E. Padley, and Cara J. Edwards Heflin), Kalamazoo, for TechniSand, Inc.

Before: OWENS, P.J., and MARKEY and MURRAY, JJ.

ON REMAND

PER CURIAM.

Our Supreme Court has remanded this case to this Court with an instruction to review the trial court's finding that defendant TechniSand's mining dune sand does not violate the Michigan Environmental Protection Act (MEPA), MCL 324.1701 et seq.; we are also directed to expedite our review. 471 Mich. 508, 521, 525, 684 N.W.2d 847 (2004). We do not tarry restating...

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