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[Download] "Smiley v. Prudential Insurance Company" by Supreme Court of Michigan # eBook PDF Kindle ePub Free

Smiley v. Prudential Insurance Company

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eBook details

  • Title: Smiley v. Prudential Insurance Company
  • Author : Supreme Court of Michigan
  • Release Date : January 06, 1948
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

We are called upon to decide two issues in this case. First, we must determine whether violations of the soil erosion and sedimentation control act, MCL 324.9101 et seq.; MSA 13A.9101 et seq. (SESCA), can form the basis of a prima facie case under the Michigan environmental protection act, MCL 324.1701 et seq.; MSA 13A.1701 et seq. (MEPA). We conclude that it can and, therefore, reverse in part the decision of the Court of Appeals and reinstate in part the judgment of the trial court. Secondly, we must determine whether the MEPA permits a trial Judge to apportion attorney fees in the "interests of Justice." We conclude that it does not and, therefore, affirm in part the decision of the Court of Appeals.


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