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159524-5 - Lakeshore Group v Dep't of Environmental Quailty

Lakeshore Group, Charles Zolper, Jane Underwood, Lucie Hoyt, and William Reininga,


Dustin Ordway










Kenneth Altman, Dawn Schumann, George Schumann, Marjorie Schuham, and Lakeshore Camping,







(Appeal from Ct of Appeals)

(Ingham – Aquilina, R.)


Department of Environmental Quality and Dune Ridge SA LP,


Daniel Bock

Kyle Konwinski





A real estate developer is seeking to transform a “critical dune area” located in Saugatuck into a residential neighborhood.  Under the Sand Dunes Protection and Management Act (SDPMA), MCL 324.35301 et seq., the developer applied for permits from the Department of Environmental Quality (DEQ).  Between 2014 and 2016, the DEQ issued a number of permits to the developer for the project.  The petitioners and intervenors are individuals and groups who have property interests in close proximity to the sand dunes.  They challenged the issuance of the permits in administrative contested case proceedings, which were ultimately dismissed for lack of standing.  On judicial review, the circuit court reversed as to the petitioners and remanded for further proceedings.  In an unpublished opinion, the Court of Appeals reversed the circuit court and reaffirmed the administrative orders dismissing all petitioners and intervenors for lack of standing.  The Supreme Court has ordered oral argument on the application to address whether appellants Jane Underwood and Charles Zolper, as “owner[s] of [] property immediately adjacent to the proposed use” at the time of their intervention in these contested cases, satisfy the statutory standard for standing under MCL 324.35305(1), notwithstanding the developer’s subsequent sales of land located between each appellant’s respective property and the property being developed.​