Kernen v. Homestead Development Co.

Young, Jr., J.

Plaintiffs appeal as of right an order denying their request for a permanent injunction that would prohibit defendant from discharging treated wastewater into a wetland on its property, which wastewater would then flow south into a wetland located on plaintiffs’ property. Plaintiffs also appeal the trial court’s decision to apportion costs. Defendant cross appeals the trial court’s grant of summary disposition to plaintiffs with regard to their claim that the proposed discharge would constitute a trespass. We affirm in part and reverse in part.

I. FACTUAL and procedural background