August 31, 2006

On August 21, 2006, the Honorable Judge William J. Caprathe of the 18th Judicial Circuit Court upheld the criminal convictions of two Mid-Michigan developers for destroying over 15 acres of wetlands in Bay County.

The case involves Tom Kozak Sr. and his son Tom Kozak Jr. preparing a 26 acre site for a mobile home park in Kawkawlin Township. The Department of Environmental Quality notified the Kozaks in 1998, 2000, and 2001 of the presence of regulated wetlands on the site and provided them with information on the permitting requirements of Michigan's wetlands law. At no point in the process, however, was a permit application filed or any information regarding activities on the site submitted to the department.

“We are pleased that our courts continue to uphold the importance of protecting Michigan’s wetlands,” said DEQ Director Steven E. Chester. “Our department makes every effort to work with developers, but these two individuals chose to ignore the law and destroy an important part of Michigan’s ecology.”

The Kozaks were found guilty by a district court jury on July 15, 2005, and were sentenced by Judge Craig Alston to restore the property to wetland condition and pay fines and costs. The defendants appealed their conviction and the restoration order to the Circuit Court, however, in a thirteen-page written opinion, Judge Caprathe ruled their claims were without merit, and lifted the Stay on their Sentence.

"Michigan sits astride the largest body of fresh water in the world, the Great Lakes, and wetlands filter out pollutants that would otherwise enter those lakes. That's why Michigan's wetlands law is so important, and that is why we take violations of the law so seriously," Attorney General Mike Cox said.

The Department of Environmental Quality investigated the case and referred it to the Department Attorney General for prosecution.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised August 31, 2006 by Pat Watson