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Organic Growers of Mich. v. Michigan Dep't of Agric.

Citation: 10 ELR 20273
No. No. 78-21764-CE, (Mich. Cir. Ct., 01/23/1980)

The court grants an award of attorney fees under the Michigan Environmental Protection Act (MEPA) to plaintiffs who won a preliminary injunction against Gypsy Moth spraying programs in 1978 and 1979. Section 3(3) of MEPA does not limit a fees award to the prevailing party. the court emphasizes, but instead envisions the granting of such awards to parties that have borne the expense of litigation and in so doing have performed a valuable public service. Concluding that plaintiffs have performed such a service in this case and that the interests of justice require a reasonable apportionment of fees between the parties, the court awards fees and costs to plaintiffs in the amount of $10,189.27.

Counsel for Plaintiffs
James M. Olson, William T. Ristetter
129 S. Union St., Traverse City MI 49684
(616) 947-6515

Counsel for Defendants
Robert J. Taube, Henry J. Boynton, Ass't Attorneys General
770 Law Bldg., Lansing MI 48913
(517) 373-1110