Order Michigan Supreme Court
Lansing, Michigan
January 26, 2018 Stephen J. Markman,
Chief Justice
155863 Brian K. Zahra
Bridget M. McCormack
JONES FAMILY TRUST, David F. Viviano
Richard H. Bernstein
Plaintiff-Appellant, Kurtis T. Wilder
and Elizabeth T. Clement,
Justices
SYLVIA JONES and BOBBY JONES,
Plaintiffs,
v SC: 155863
COA: 329442
Saginaw CC: 13-019698-NZ
SAGINAW COUNTY LAND BANK
AUTHORITY and ROHDE BROTHERS
EXCAVATING, INC.,
Defendants-Appellees,
and
CITY OF SAGINAW and HARDHAT DOE,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the April 20, 2017
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the trial court erred in granting summary disposition in
favor of defendant Saginaw County Land Bank Authority on the appellant’s inverse
condemnation claim; and (2) whether the measure of damages on the appellant’s breach
of third-party contract claim is the same as the measure of damages on a tort claim for the
negligent destruction of property. In addition to the brief, the appellant shall
electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to
the record must provide the appendix page numbers as required by
MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being
served with the appellant’s brief. The appellees shall also electronically file an appendix,
or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if
any, must be filed by the appellant within 14 days of being served with the appellees’
brief. The parties should not submit mere restatements of their application papers.
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.
January 26, 2018
p0123
Clerk