Nemeth v. Abonmarche Development, Inc

I concur fully in the majority’s analysis and conclusion regarding the presence of a Michigan environmental protection act (mepa) violation in this case, and the analysis regarding the role of a soil erosion and sedimentation control act (SESCA) violation in such a determination, as contained in parts n and m of the majority’s opinion. I fear, however, that the majority, while on one hand recognizing the broad scope and important implications of the Legislature’s determination in enacting the mepa, nonetheless, in its conclusion regarding the availability of attorney fees, reaches a decision…