Preserve the Dunes, Inc v. Department of Environmental Quality

Plaintiff, Preserve the Dunes, Inc., appeals by right the trial court’s order granting partial summary disposition in favor of defendants Department of Environmental Quality and TechniSand, Inc., and the court’s order of no cause of action in favor of defendants following a bench trial. In this lawsuit, plaintiff challenges the deq’s issuance of an amended permit that allows TechniSand to expand noncritical sand dune mining into a critical dune area adjacent to its noncritical sand mining operation. We reverse and remand.

I. facts and procedural history

Plaintiff, an ad hoc group of local…