in Re Petition of Berrien County Treasurer for Foreclosure

Order Michigan Supreme Court Lansing, Michigan December 7, 2016 Robert P. Young, Jr., Chief Justice 153841 & (34) Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein In re PETITION OF BERRIEN COUNTY Joan L. Larsen, TREASURER FOR FORECLOSURE Justices _________________________________________ BERRIEN COUNTY TREASURER, Petitioner-Appellee, v SC: 153841 COA: 330795 Berrien CC: 2014-000170-CZ NEW PRODUCTS CORPORATION, Respondent-Appellant. _________________________________________/ On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the March 2, 2016 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals order granting the motion to dismiss the appeal, and REMAND this case to the Court of Appeals for plenary consideration as on leave granted of whether MCL 211.78k(7) requires payment of the full amount due for all tax parcels listed in a judgment of foreclosure as a condition of appeal where the taxpayer does not seek to challenge the foreclosures for all of the parcels. If the Court of Appeals concludes that MCL 211.78k(7) does not impose such a requirement, it shall reinstate the appeal and proceed in accordance with MCR 7.204. We do not retain jurisdiction. I, Larry S. Royster, 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. December 7, 2016 t1130 Clerk