ELR Citation: ELR 20553
No(s). 2737 (Mich. Cir. Ct. May 7, 1974)

In a suit to block defendant developers and the city of Grand Haven from planned construction of a city street and a water pipeline through a duneland nature preserve, the court denies defendant's motion for summary judgment and holds that the Michigan Environmental Protection Act of 1970 is neither unconstitutionally vague nor an impermissible delegation of legislative authority to the judiciary. The court finds that the Act follows the language of the Michigan Constitution and is an reasonably precise as the subject matter requires or permits. In addition, the court rules that the statute is a permissible delegation of power in that it does not confer upon the judiciary arbitrary authority to grant or refuse relief, but rather requires the courts to make decisions concerning matters traditionally within their jurisdiction over nuisances, riparian rights, and alleged violations of the public trust in the state's natural resources.

Counsel for Plaintiff Central Michigan University
J. David Kerr
205 N. Hall Street
Mount Pleasant, MI 49959

Counsel for Plaintiffs Tri-Cities Environmental Action Council, Inc. et al.
Robert H. Gillette
Wheeler, Upham, Bryant & Uhl
620 Old Kent Building
Grand Rapids, MI 49502

Counsel for Defendants
R. Neal Stanton
Scholten & Fant
Security First Bank and Trust Co. Building
Grand Haven, MI 49417