Department of Environmental Quality v. Joseph R Brown

Order Michigan Supreme Court
Lansing, Michigan
March 30, 2011 Robert P. Young, Jr.,
Chief Justice
141927 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
DEPARTMENT OF ENVIRONMENTAL Brian K. Zahra,
QUALITY, Justices
Plaintiff-Appellee,
v SC: 141927
COA: 291419
Ingham CC: 08-001466-CE
JOSEPH R. BROWN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 20, 2010
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals to
the extent that it held that res judicata did not bar the plaintiff’s cause of action to enforce
correction orders issued to the defendant pursuant to MCL 333.12709(1). The basis for
those orders was the same conduct that was the basis for the action to revoke the
defendant’s certificate of registration under MCL 333.12709(2). Enforcement of the
correction orders could have been resolved in the prior proceeding between the parties.
Adair v State of Michigan, 470 Mich 105, 121, 124-125 (2004). In all other respects,
leave to appeal is DENIED, because we are not persuaded that the remaining questions
presented should be reviewed by this Court.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 30, 2011 _________________________________________
y0323 Clerk