The Supreme Court also ruled in late July that the Michigan Court of Appeals erred when it found that a MEPA violation occurred when the Michigan Department of Environmental Quality (DEQ) issued a permit not authori/hzed by statute. In the case brought by Preserve the Dunes, the court found that the focus should have been on the conduct of the sand dune mining company, TechniSand-and, therefore, the Court of Appeals should re-examine the issue of whether mining in a critical dune area is a "prima facie" violation of MEPA ("that the conduct of defendant is likely to...destroy the...natural resources or the public trust in these resources.").

Limits the power of eminent domain. In a case that arises out of Wayne County trying to condemn land for the creation of a new technology and business park, the court tackled the issue of whether the government should have the power to condemn one person's private property with the expressed intent to turn it over to another private individual for "private use" such as economic development. The court, relying on the Michigan Constitution, overturned the decision the Supreme Court made in the Poletown case 20 years ago by restricting the court's definition of "public use." Key to the court decision was that: (1) the property was not critical for the project to move forward, (2) there was no public oversight of the project, and (3) the taking of the property served no public benefit until developed (as opposed to the removal of dilapidated buildings). Some land use advocates were concerned the decision would make urban redevelopment more difficult. Others have voiced concerns regarding abuses of eminent domain power and the impact on older communities.