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Lakeland Property Owners Ass'n v. Northfield, Township of

Citation: 2 ELR 20331
No. No. 1453, 3 ERC 1893/(Mich. Cir. Ct., 02/29/1972)

Under Michigan's Environmental Protection Act of 1970, a court has authority to direct the adoption of a standard designed to protect the environmental interests which the Act protects, notwithstanding a prior determination of standards by the Water Resources Commission. A township's dumping of polluting effluent may be defended on the ground of non-existence of a feasible and prudent alternative and consistency with the promotion of the public health, safety and welfare. The reasonableness of such dumping depends in part on the population of the area likely to be affected. The court's order includes specific redetermined and additional waste water treatment standards and an instruction calling for co-operation between two townships in solving a future pollution problem.

Counsel for Plaintiff
Hooper, Harper, Hathaway, Fichera & Price
10th Floor, 1st Nat'l. Bldg.
Ann Arbor, Mich.

Counsel for Portage and Base Lake Assoc., Inc., Intervening Plaintiff
Laird & Grace
201 Ann Arbor Trust Bldg.
Ann Arbor, Mich.

Counsel for Defendant
Reading & Etter
715 Ann Arbor Trust Bldg.
Ann Arbor, Mich.

Counsel for Township of Green Oak, Intervening Defendant
Brennan & Bibeau
29870 Middle Belt Rd.
Farmington, Mich.