Township of Cascade v. Cascade Resource Recovery, Inc

D. E. Holbrook, Jr., J.

Plaintiff appeals as of right the trial court’s grant of defendant’s motion for summary judgment. The court declared that the state has so pre-empted the regulation of solid and hazardous waste disposal pursuant to 1978 PA 641 and 1979 PA 64, respectively, that plaintiff cannot require defendant to adhere to the ordinances involved. The trial court further ruled that plaintiff cannot prevent defendant from completing the already commenced construction of a hazardous waste disposal facility, since defendant has been issued a construction permit by the Department of…