Marshall v. Consumers Power Co.

This appeal involves an attempt by plaintiff, a resident of Midland County, to stop the construction by defendant, Consumers Power, of a pressurized water nuclear power plant on the south shore of the Tittabawassee River, one and one-eighth miles from plaintiff’s residence. In the nearly seven years since Consumers Power applied to the Atomic Energy Commission (AEC) for a construction permit, the proposed plant has been the subject of lengthy AEC hearings, two law suits now pending in Federal court and the instant action. Our review of the trial court’s holding requires us to inquire into…