Wayne County Department of Health v. Chrysler Corp.

Michigan Court of Appeals

Wayne County Department of Health v. Chrysler Corp.

203 N.W.2d 912, 43 Mich. App. 235, 1972 Mich. App. LEXIS 1021

CourtMichigan Court of Appeals

DecidedSeptember 28, 1972

DocketDocket 12919

StatusPublished

This text of 203 N.W.2d 912 (Wayne County Department of Health v. Chrysler Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wayne County Department of Health v. Chrysler Corp., 203 N.W.2d 912, 43 Mich. App. 235, 1972 Mich. App. LEXIS 1021 (Mich. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

This suit was brought by plaintiff Wayne County Department of Health seeking to enjoin further air pollution emanating from defendant Chrysler Corporation’s Huber Foundry. The suit was brought pursuant to the "Thomas J. Anderson, Gordon Rockwell Environmental Protection Act of 1970”. (MCLA 691.1201 et seq.; MSA 14.528[201] et seq.).

Several hundred individuals who reside in the immediate vicinity of the foundry sought, and were granted, the status of intervening plaintiffs. Prior to the entry of a consent judgment, the court below reversed its previous order allowing this intervention. Intervening plaintiffs remained in the action as amicus curiae.

On appeal intervening plaintiffs argue that their intervention in the lawsuit was by right pursuant to GCR 1963, 209.1(3). However, in the words of that rule, they have not established that "the representation of the applicant’s interest by existing parties is or may be inadequate”. Their intervention was therefore permissive, and we further find no abuse of discretion in the trial court’s reversal of its prior order.

Affirmed.

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Per Curiam.

This suit was brought by plaintiff Wayne County Department of Health seeking to enjoin further air pollution emanating from defendant Chrysler Corporation’s Huber Foundry. The suit was brought pursuant to the "Thomas J. Anderson, Gordon Rockwell Environmental Protection Act of 1970”. (MCLA 691.1201 et seq.; MSA 14.528[201] et seq.).

Several hundred individuals who reside in the immediate vicinity of the foundry sought, and were granted, the status of intervening plaintiffs. Prior to the entry of a consent judgment, the court below reversed its previous order allowing this intervention. Intervening plaintiffs remained in the action as amicus curiae.

On appeal intervening plaintiffs argue that their intervention in the lawsuit was by right pursuant to GCR 1963, 209.1(3). However, in the words of that rule, they have not established that "the representation of the applicant’s interest by existing parties is or may be inadequate”. Their intervention was therefore permissive, and we further find no abuse of discretion in the trial court’s reversal of its prior order.

Affirmed.

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Bluebook (online)

203 N.W.2d 912, 43 Mich. App. 235, 1972 Mich. App. LEXIS 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayne-county-department-of-health-v-chrysler-corp-michctapp-1972.