Order Michigan Supreme Court
Lansing, Michigan
September 22, 2017 Stephen J. Markman,
Chief Justice
155380 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
KERRI HUNTER OTTO, Next Friend of Kurtis T. Wilder,
BAILEY ANN MARIE NOBLE, Minor, Justices
Plaintiff-Appellee,
v SC: 155380
COA: 330214
Benzie CC: 14-009969-NO
INN AT WATERVALE, INC.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 17, 2017
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether the activities engaged in by the plaintiff’s Next Friend and her three
companions constituted “other outdoor recreational use” of the defendant’s land under
the Recreational Land Use Act, MCL 324.73301(1). The time allowed for oral argument
shall be 20 minutes for each side. MCR 7.314(B)(1).
The Heart of the Lakes Center for Land Conservation Policy, Real Property Law
Section of the State Bar of Michigan, and Environmental Law Section of the State Bar of
Michigan are invited to file briefs amicus curiae. Other persons or groups interested in
the determination of the issue presented in this case may move the Court for permission
to file briefs amicus curiae.
WILDER, J., not participating because he was on the Court of Appeals panel.
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.
September 22, 2017
t0919
Clerk