Order Michigan Supreme Court
Lansing, Michigan
February 6, 2009 Marilyn Kelly,
Chief Justice
136520 Michael F. Cavanagh
& (60)(62)(64) Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
DEPARTMENT OF ENVIRONMENTAL Diane M. Hathaway,
QUALITY, Justices
Plaintiff-Appellee,
v SC: 136520
COA: 272968
Ingham CC: 03-001755-CE
WATEROUS COMPANY,
Defendant-Appellant.
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On order of the Court, the motions for leave to file briefs amicus curiae are
GRANTED. The application for leave to appeal the April 15, 2008 judgment of the
Court of Appeals is considered, and it is DENIED, because we are not persuaded that the
questions presented should be reviewed by this Court.
YOUNG, J. (concurring).
The question whether the statute, MCL 324.20120a(6), requires the defendant to
remediate the property to a level consistent with a higher use than the defendant’s
historical use of the property is troubling. I concur with this Court’s denial order because
the defendant did not preserve a constitutional taking argument.
MARKMAN, J. (dissenting).
I would grant leave to appeal to consider whether the Court of Appeals properly
determined that a successor landowner can be required under the Natural Resources and
Environmental Protection Act, MCL 324.20120a(6), to remediate property to its current
residential zoning status even when that status is higher than the industrial zoning status
that existed when the pollution occurred, and, if so, whether such a determination
implicates US Const, Am V; Const 1963, art 10, § 2; or any other federal or state
constitutional provision.
CORRIGAN, J., joins the statement of MARKMAN, J.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 6, 2009 _________________________________________
l0203 Clerk