Opinion
No. 137725.
December 11, 2008.
Court of Appeals No. 284315.
Summary Disposition December 11, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals for consideration as on leave granted. The Court of Appeals shall consider on remand (1) whether the Otsego Circuit Court erred in finding that defendant Merit's Certificate of Coverage exceeded the scope of the Department of Environmental Quality's July 23, 2004, General Permit (2) whether, by analyzing defendant Merit's Certificate of Coverage under the Michigan Environmental Protection Act (MEPA), MCL 324.1701 et seq., the Otsego Circuit Court's ruling of January 31, 2008, exceeded the proper scope of review of an administrative ruling; and, if not, (3) whether the Otsego Circuit Court erred in basing its MEPA ruling on the factual record developed in the parties' separate circuit court action. Human Rights Party v Corrections Comm, 76 Mich App 204 (1977). We note that there are related cases pending in the Court of Appeals. Docket Nos. 279301, 279306, 280265, and 280266.
CAVANAGH, WEAVER, and KELLY, JJ. We would deny leave to appeal.