Opinion
SC: 159524-5 COA: 340623 340647
11-27-2019
LAKESHORE GROUP, Charles Zolper, Jane Underwood, Lucie Hoyt, and William Reininga, Petitioners-Appellants, and Kenneth Altman, Dawn Schumann, George Schumann, Marjorie Schuham, and Lakeshore Camping, Intervenors-Appellants, v. DEPARTMENT OF ENVIRONMENTAL QUALITY and Dune Ridge SA LP, Respondents-Appellees.
Order
On order of the Court, the application for leave to appeal the March 21, 2019 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellants shall file a supplemental brief within 42 days of the date of this order addressing whether appellants Jane Underwood and Charles Zolper, as "owner[s] of [ ] property immediately adjacent to the proposed use" at the time of their intervention in these contested cases, satisfy the statutory standard for standing under MCL 324.35305(1), notwithstanding the developer’s subsequent sales of land located between each appellant’s respective property and the property being developed. In addition to the brief, the appellants shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file supplemental briefs within 21 days of being served with the appellants’ brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellants. Replies, if any, must be filed by the appellants within 14 days of being served with the appellees’ briefs. The parties should not submit mere restatements of their application papers.
Persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.