Ray v. Mason County Drain Commissioner

This is a significant case of first impression relating to Michigan’s world-famous Environmental Protection Act (EPA).1 The question involved is the kind of findings of fact required of the trial judge by GCR 1963, 517 and § 3(1) of the EPA in deciding an action brought under the EPA.

In the instant case the trial judge failed to make specific findings of facts. Rather than attempt a review de novo, we remand for full and specific findings of fact under Dauer v Zabel, 381 Mich 555, 558; 164 NW2d 1 (1969). To assist the trial judge, especially since this is a case of first impression, we set…