Dwyer v. City of Ann Arbor, Docket No. 60587
| Decision Date | 14 April 1978 |
| Docket Number | Docket No. 60587 |
| Citation | 387 N.W.2d 926,402 Mich. 915 |
| Parties | John DWYER, M.D., v. CITY OF ANN ARBOR. 402 Mich. 915, 387 N.W.2d 926 |
| Court | Michigan Supreme Court |
Prior Report: 79 Mich.App. 113, 261 N.W.2d 231.
Leave to appeal considered and, as to the three issues concerning the reciprocal negative easement, leave is denied, because the Court is not persuaded that the questions presented should be reviewed by this Court. As to the two issues concerning the Environmental Protection Act, in lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), the decision of the Court of Appeals is reversed because that Court relied on evidence outside the record. The case is remanded to the trial court for an expedited hearing on the Environmental Protection Act questions, and the trial court may hear such new evidence as to water pollution and possible remedies as the parties and amici curiae may present. This Court's stay order of May 9, 1977, remains in effect only until the trial court renders a new decision on the environmental issues. If, after the trial court's new decision, any further appeals are taken, the parties may reallege issues as to the Environmental Protection Act which were raised in the first presentation of the case to the Court of Appeals. This Court does not retain jurisdiction.
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