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E-M:/ Court of Appeals rules against Flint NAACP, et al on Flint Case

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

On November 30, 1998, the Michigan Court of Appeals in an 
unpublished decision reversed a decision by Judge Archie Hayman
of Genesee County that Michigan's permit granting authority 
doesn't adequately consider environmental impacts and public
participation.   The Appeals Panel, Judges Kathleen Jansen, 
Jane Markey and Peter O'Donnell, also ruled against the Flint 
NAACP and area citizens by affirming Judge Hayman's 
decision that there was no violation of Michigan Civil Rights Act.

The basis of the decision was that Judge Hayman was not entitled
to enter an injunction on the issue of the adequacy of state
permitting and public participation procedures on a "sua sponte"
basis  (on his own initiative based on proofs presented in court 
but not demanded by the complainants.

Judge Kathleen Jansen would have allowed the Plaintiffs to 
amend their complaint to reflect these proofs, but the other
two judges ruled that it was not an abuse of discretion for
the Trial Judge not to allow the amending of the Plaintiff's 
complaint to reflect the claim of the states inadequacy
in its permitting and public participation procedures.

The above is from a very quick read of the decision and
the partial dissent, so hopefully others more familiar
with the decisions will provide additional analysis shortly.

MDEQ's news release attempts spin doctoring to talk 
about the stringency of the state's permitting procedures
but evades discussion that the Court of Appeals really
didn't reach that set of fact issues in making its decision
and instead was reversing on the basis of a sua sponte
decision by Judge Hayman.

Alex J. Sagady & Associates        Email:  ajs@sagady.com
Environmental Consulting and Database Systems
PO Box 39  East Lansing, MI  48826-0039  
(517) 332-6971 (voice); (517) 332-8987 (fax)

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