Pitsch v. Ese Michigan, Inc

In these consolidated appeals, plaintiff Gary Pitsch appeals by right orders granting summary disposition for defendants ESE Michigan, Inc., J & S Group, Inc., 1 and Dunbar Excavating Company, Inc., on his claims for the recovery of the cost of remedying environmental contamination on his property. This case squarely presents the issue whether a private cause of action for the recovery of response activity costs exists under the Michigan Environmental Response Act (mera), MCL 299.601 et seq.) MSA 13.32(1) et seq. 2 We hold that a private cause of action exists and accordingly reverse the…