Legal Opinion
Lake Isabella Development, Inc v. Village of Lake Isabella
Michigan Court of Appeals
Decided February 11, 2004No. Docket 247156PublishedCited by 8 opinions
1Opinion of the CourtDonofrio, P.J.
Defendant Michigan Department of Environmental Quality (deq) appeals by leave granted an order granting summary disposition to plaintiff Lake Isabella Development, Inc., declaring one of the deq’s administrative rules, 1999 AC, R 299.2933(4) (Rule 33) invalid after the trial court found the rule to be arbitrary and capricious and not in compliance with the legislative intent of the deq’s enabling statute. The matter arose because Rule 33 requires applicants seeking to construct a private sewage system to obtain a resolution from the local government agency agreeing to take over the sewage…
2Cases cited12 opinions
- Koontz v. Ameritech Services, IncMichigan Supreme Court · 2002
- Malcolm v. City of East DetroitMichigan Supreme Court · 1991
- Alcona County v. Wolverine Environmental Production, Inc.Michigan Court of Appeals · 1999
- Gaunt v. BrownSupreme Court of the United States · 1972
- King v. Ford Motor Credit Co.Michigan Court of Appeals · 2003
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3Cited by8 opinions
- Herrick District Library v. Library of MichiganMichigan Court of Appeals · 2011
- Maxwell v. Department of Environmental QualityMichigan Court of Appeals · 2004
- People v. OliverMichigan Supreme Court · 2004
- Michigan State Employees Ass'n v. Department of CorrectionsMichigan Court of Appeals · 2007
- Department of Environmental Quality v. Worth TownshipMichigan Court of Appeals · 2010
3 more not listed; retrieve them via the Exa API.