Environmental/Renewable Energy

• City of Flint v EGLE et al, Case No. 22-116871-AA (Genesee County Circuit Court)/Flint Rising et al v EGLE et al, Case No. 22-116880-AA – lead litigation counsel in consolidated appeals that culminated in successful defense against numerous challenges to air permit issued to Ajax Materials Corporation for construction and operation of hot mix asphalt
• City of Battle Creek v Graphic Packaging International, LLC, Case No. 21-1476-CZ (Calhoun County Circuit Court) – lead litigation counsel in successful defense against temporary restraining order and preliminary injunction for alleged violations of wastewater discharge limits
• Counsel for world’s largest operator of renewable energy projects in multi-jurisdictional litigation involving $120 million, 150MW wind farm in Michigan’s Thumb region. Representation included defense of multiple lawsuits filed by activist groups and municipal authorities seeking to prevent completion of the project, as well as prosecution of lawsuits to reverse township’s revocation of special land use permit and to reverse airport zoning authority’s denial of variance for 33 wind turbines. Representation at trial and appellate levels resulted in successful construction and commissioning of project and the delivery of sufficient electricity to power 70,000 homes.
• In re Nylaan Litigation (Kent County Circuit Court, Grand Rapids, Michigan 2017) – Counsel in consolidated litigation involving over 250 families alleging PFAS exposure from potential groundwater contamination
• Debski v. Wolverine World Wide, Inc. and 3M Company (Kent County Circuit Court, Grand Rapids, Michigan 2018) – Assisted in drafting successful summary disposition brief that resulted in dismissal of all claims in bellwether case involving potential groundwater contamination and defending the decision on appeal
• McNaughton v. Wolverine World Wide, Inc. and 3M Company (Kent County Circuit Court, Grand Rapids, Michigan 2017) – Assisted in drafting successful summary disposition briefs in bellwether case involving potential groundwater contamination on multiple claims prior to trial, including personal injury (elevated high cholesterol and miscarriage), medical monitoring, battery, negligent infliction of emotional distress, and ultra-hazardous activity and defending decisions on appeal
• In re Petition of David Sons on the Permit Issued to Village of Paw Paw, Case No. 15-051370 (Mich Admin Hearing System 2017) – successfully represented the Village of Paw Paw in a contested case hearing challenging Part 301 permit issued for lake drawdowns for purposes of invasive species control

 Zoning

• Bossard et al v Marshall Township et al, No. 22-1157-AA (Calhoun County Circuit Court) – successfully obtained dismissal of an appeal of developer’s special land use permit to construct a solar energy project on the grounds that circuit court lacked jurisdiction because the appeal was untimely
• NSC Walker v City of Walker, 2022 WL 17724288 (Mich Ct App 2022) – successfully appealed and obtained reversal of Zoning Board of Appeals’ interpretation of city ordinance that precluded plaintiff’s use of the property for self-storage business
• Matem v City of Howell, 2021 WL 6064355 (Mich Ct App 2021) – Successfully persuaded Court of Appeals that circuit court lacked jurisdiction over plaintiffs’ appeal from Zoning Board of Appeals’ refusal to hear appeals from the Planning Commission’s decision on special land use applications
• New Lothrop MI BTS Retail LLC v Maple Grove Township, 21-44836-AA (Saginaw County Circuit Court) – successfully obtained consent judgment to strike condition that township placed on developer’s special use permit approval for construction and operation of a retail store
• Tuscola Wind III, LLC v Ellington Township, 2018 WL 1291161 (ED Mich 2018) – successfully persuaded district court to strike down a police power moratorium on consideration of all wind energy projects in the township because the moratorium, which was adopted by resolution, violated the Zoning Enabling Act
• Counsel for Michigan-based energy company who assists in obtaining special use permits, rezonings, overlay districts, and other local permits for construction and operation of numerous renewable energy projects throughout the state

 Appellate

• Fox v Saginaw County, 67 F.4th 284 (6^th Cir. 2023) – obtained favorable decision from Sixth Circuit that, as a matter of first impression, purported “juridical link doctrine” is not a viable basis to allow named plaintiffs to bring a class action against some defendants who did not injure them
• Priority Health et al. v Department of Treasury, 2022 WL 1120428 (Mich Ct App 2022) – Successfully appealed tax dispute on behalf of health maintenance organization and obtained reversal after tax tribunal granted summary disposition, and after remand, successfully defended subsequent appeal of the Tax Tribunal’s decision to cancel assessment of taxes owed by health maintenance organization
• Byrne v Grandfield, 2022 WL 2079767 (Mich Ct App 2022) – Obtained reversal of trial court’s summary disposition ruling in which trial court determined that the plaintiff could not use an easement for limited temporary parking or to erect a dock
• Vascular Health Clinics v MidMichigan Health et al, 2021 WL 4238121 (Mich Ct App 2021) – Successfully persuaded Court of Appeals to affirm trial court’s dismissal of an action under MCR 2.116(C)(6)
• Menominee Indian Tribe of Wisconsin v EPA et al., 947 F.3d 1065 (7^th Cir. 2020) – Represented mining company and successfully persuaded the Seventh Circuit to unanimously uphold the lower court’s dismissal of plaintiff’s attempt to force the federal government to take jurisdiction of the state wetland permitting process under Section 404 of the Clean Water Act

Other Commercial Litigation

• Groulx v Saginaw Spaulding BTS Retail LLC, No. 21-444435-CB (Saginaw County Circuit Court)/Groulx v Saginaw Spaulding Retail BTS Retail LLC, No. 22-047197-CZ (Saginaw County Circuit Court) – Obtained sanctions and summary dismissal of various nuisance and due process claims at the pleadings stage, and successfully defended those orders on appeal before the Michigan Court of Appeals
• Schwintek v High Top Buds et al (Cass County Circuit Court 2021) – Following a two-day evidentiary hearing, successfully dissolved a temporary restraining order that prevented construction of marijuana operation and obtained dismissal of plaintiff’s complaint for breach of restrictive covenants
• Matem v Louis Padnos Iron & Metal Co, No. 21-31183-CZ (Livingston County Circuit Court) – obtained summary dismissal of public nuisance claim at the pleadings stage on the basis that plaintiffs could not establish that the Zoning Ordinance had been violated under the Zoning Enabling Act
• Candy Lab Inc. v. Milwaukee County, 266 F. Supp. 3d 1139 (E.D. Wis. 2017) – Obtained preliminary and permanent injunctions striking down regulation of location-based augmented reality games under the First Amendment, in the first case to extend free speech rights to the augmented reality medium
• Dawn Bachi-Reffitt v. Reffitt et. al. (WD Mich 2017) – Obtained sanctions and summary dismissal of civil RICO claims at the pleadings stage, and successfully defended those orders on appeal before the Sixth Circuit Court of Appeals