City of Rochester Hills v. Southeastern Oakland County Resource Recovery Authority

Plaintiff, the City of Rochester Hills, appeals as of right an opinion and order entered by the Oakland Circuit Court that denied plaintiff’s request for a preliminary injunction and found that defendant Southeastern Oakland County Resource Recovery Authority’s composting operation did not violate city ordinances and was a lawful, nonconforming use of defendant’s property. Consequently, the court dismissed counts i, ii, and iv of plaintiff’s complaint and scheduled a further hearing on count iii, which alleged a claim of public nuisance. Plaintiff challenges only the court’s determination…