K K CONSTRUCTION, INC., and J.F.K. INVESTMENT COMPANY, L.L.C., Plaintiffs-Appellants, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendant-Appellee.

No. 129761.Supreme Court of Michigan.
May 17, 2006.

SC: 129761, reported below: 267 Mich App 523.

TAYLOR, C.J., did not participate.

KELLY, J. I would grant leave to appeal.

Leave to Appeal Denied.

MARKMAN, J. I would grant leave to appeal in order to further consider the Court of Appeals application of the “average reciprocity of advantage” factor from Penn Central Transportation Co v City of New York, 438 US 104 (1978).

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