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E-M:/ Victory for Michigan Citizens for Water Conservation



Judge Susan Grant issued her opinion and order from the 77th District Court for Mecosta and Osceola Counties. "Defendants Bollman Motion is HEREBY DENIED.  IT IS FURTHER ORDERED AND ADJUDGED THAT THIS COURT WILL CONDUCT PROCEEDING CONSISTENT WITH THE REMAND ORDERS OF THE MICHIGAN SUPREME COURT AND THE MICHIGAN COURT OF APPEALS."
 
Judge Grant has issued her decision in MCWC's favor and completely rejected Bollmans' bid  to wedge into the remand proceedings in order to claim more water or money from Nestle.  Bollman is barred from bringing a water rights action and is bound by the trial court opinon on water rights and MEPA, because he did not apppeal or seek to perfect his rights as part of Court of Appeals proceeding.  Judge Grant also ruled that Bollmans' only remedy for water use rights or pumping/damages is against Nestle.  In effect, this means she likely agrees that the limits of all court
rulings and remand order apply with equal force to both Nestle and Bollmans.  Arguably, as to MCWC and Doyles and Sapps, Bollman can't pump from the directly connected waters, such as Osprey Lake at all.  As to Nestle, it can't pump beyond the limits, and would have to reduce its pumping should Bollmans ever be able to pump some amount, so that the remand order limits could never be exceeded.
 
Terry Swier
Michigan Citizens for Water Conservation


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