Opinion
SC: 159033 COA: 341310
10-22-2021
LAKESHORE GROUP, Charles Zolper, Jane Underwood, Lucie Hoyt, William Reininga, Kenneth Altman, Dawn Schumann, George Schumann, Marjorie Schuham, and Lakeshore Camping, Plaintiffs-Appellants, v. STATE of Michigan, Defendant, and Department of Environmental Quality, Defendant-Appellee.
Order
By order of November 27, 2019, the application for leave to appeal the December 18, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in Lakeshore Group, et al v. Dep't of Environmental Quality and Dune Ridge SA LP (Docket Nos. 159524-5). On order of the Court, the case having been decided on May 20, 2021, ––– Mich. ––––, ––– N.W.2d ––––, 2021 WL 2022837 (2021), the application is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellants shall file a supplemental brief addressing: (1) whether administrative review and approval of a permit can ever form the basis of a cause of action under MCL 324.1701(1), see Preserve the Dunes, Inc v. Dep't of Environmental Quality , 471 Mich. 508, 684 N.W.2d 847 (2004) ; and (2) if so, whether the appellants have stated a cause of action under MCL 324.1701 based on the issuance of permits that allegedly violate the Sand Dunes Protection and Management Act, MCL 324.35301 et seq. (Part 353). The appellants’ brief shall be filed by January 31, 2022, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellants’ brief. A reply, if any, must be filed by the appellants within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.