Opinion
Docket No. 12919.
Decided September 28, 1972. Leave to appeal applied for.
Appeal from Wayne, Joseph G. Rashid, J. Submitted Division 1 June 12, 1972, at Detroit. (Docket No. 12919.) Decided September 28, 1972. Leave to appeal applied for.
Complaint by the Wayne County Department of Health against Chrysler Corporation to enjoin further air pollution from defendant's Huber Foundry. Rev. Joseph C. Nosal and others, and Frank J. Kelley, Attorney General, intervened as plaintiffs. The order allowing intervention was reversed prior to the entry of a consent judgment. Defendant Nosal appeals that reversal order. Affirmed.
Wenger Vande Vrede, for intervening plaintiff Nosal.
Walter B. Maher, for defendant.
This suit was brought by plaintiff Wayne County Department of Health seeking to enjoin further air pollution emanating from defendant Chrysler Corporation's Huber Foundry. The suit was brought pursuant to the "Thomas J. Anderson, Gordon Rockwell Environmental Protection Act of 1970". (MCLA 691.1201 et seq.; MSA 14.528[201] et seq.).
Several hundred individuals who reside in the immediate vicinity of the foundry sought, and were granted, the status of intervening plaintiffs. Prior to the entry of a consent judgment, the court below reversed its previous order allowing this intervention. Intervening plaintiffs remained in the action as amicus curiae.
On appeal intervening plaintiffs argue that their intervention in the lawsuit was by right pursuant to GCR 1963, 209.1(3). However, in the words of that rule, they have not established that "the representation of the applicant's interest by existing parties is or may be inadequate". Their intervention was therefore permissive, and we further find no abuse of discretion in the trial court's reversal of its prior order.
Affirmed.