Order Michigan Supreme Court
Lansing, Michigan
January 24, 2020 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
158852 & (84)
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
DETROIT ALLIANCE AGAINST THE RAIN Elizabeth T. Clement
TAX, DETROIT IRON & METAL COMPANY, Megan K. Cavanagh,
Justices
AMERICAN IRON & METAL COMPANY,
McNICHOLS SCRAP IRON & METAL
COMPANY, MONIER KHALIL LIVING TRUST,
and BAGLEY PROPERTIES, LLC,
Plaintiffs-Appellants,
v SC: 158852
COA: 339176
CITY OF DETROIT, DETROIT WATER AND
SEWERAGE DEPARTMENT, and DETROIT
BOARD OF WATER COMMISSIONERS,
Defendants-Appellees.
_________________________________________/
On order of the Court, the motion for leave to file supplemental authority is
GRANTED. The application for leave to appeal the November 6, 2018 judgment of the
Court of Appeals is considered. We direct the Clerk to schedule oral argument on the
application. MCR 7.305(H)(1).
The appellants shall file a supplemental brief within 42 days of the date of this
order addressing whether the Court of Appeals erred in concluding that Bolt v City of
Lansing, 459 Mich 152, 164 (1998), is distinguishable from this case on the basis that
Detroit’s sewer system is a combined system rather than a separate storm and sanitary
sewer system. 1963 Const, art 9, § 31. In addition to the brief, the appellants 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
appellants’ brief. The appellees shall also electronically file an appendix, or in the
alternative, stipulate to the use of the appendix filed by the appellants. A reply, if any,
must be filed by the appellants within 14 days of being served with the appellees’ brief.
The parties should not submit mere restatements of their application papers.
2
Trappers Properties, et al., is invited to file a brief amicus curiae. Other persons or
groups interested in the determination of the issues presented in this case may move the
Court for permission to file briefs amicus curiae.
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 24, 2020
s0121
Clerk