Kimberly Hills Neighborhood Ass'n v. Dion

Plaintiffs brought this action to obtain equitable relief under the Michigan Envi ronmental Protection Act (hereinafter MEPA), MCL 691.1201 et seq.; MSA 14.528(201) et seq. In such an action plaintiff must make a prima facie case by showing "that the conduct of the defendant has, or is likely to, pollute, impair or destroy the air, water or other natural resources or the public trust therein”. MCL 691.1203; MSA 14.528(203). We hold that plaintiffs here failed to make out such a prima facie case. The trial court’s decision is, therefore, reversed.

Defendants are owners of an 18-acre site in…