Order Michigan Supreme Court
Lansing, Michigan
June 25, 2021 Bridget M. McCormack,
Chief Justice
161948 Brian K. Zahra
David F. Viviano
161952 Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh
Elizabeth M. Welch,
AUDREY WEST and RANDY WEST, Justices
Plaintiffs-Appellees,
v SC: 161948
COA: 348452
Ct of Claims: 18-000236-MZ
DEPARTMENT OF NATURAL RESOURCES,
ANDREA ALBERT, and STEVE BUTZIN,
Defendants-Appellants.
________________________________________/
MARK GOSS,
Plaintiff-Appellee,
v SC: 161952
COA: 349411
Ct of Claims: 19-000022-MZ
DEPARTMENT OF NATURAL RESOURCES,
Defendant-Appellant.
________________________________________/
On order of the Court, the applications for leave to appeal the July 23, 2020 and
August 6, 2020 judgments of the Court of Appeals are considered. We direct the Clerk to
schedule oral argument on the applications. MCR 7.305(H)(1).
The Department of Natural Resources (DNR) shall file a supplemental brief
addressing whether snowmobiles and John Deere Gator crossover utility vehicles are
motor vehicles for purposes of MCL 691.1405, the motor vehicle exception to
governmental immunity. The DNR’s brief shall be filed by October 25, 2021, with no
extensions except upon a showing of good cause. 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 DNR’s
brief. Replies, if any, must be filed by the DNR within 14 days of being served with the
latter of the appellees’ briefs. The parties should not submit mere restatements of their
application papers.
2
The total time allowed for oral argument shall be 40 minutes: 20 minutes for the
DNR and 20 minutes for the appellees, to be divided at their discretion. MCR
7.314(B)(2).
Persons or groups interested in the determination of the issues presented in these
cases may move the Court for permission to file briefs amicus curiae. Motions for
permission to file briefs amicus curiae and briefs amicus curiae regarding these cases
should be filed only in West v DNR, Docket No. 161948, and served on the parties in both
cases.
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.
June 25, 2021
a0622
Clerk