Order Michigan Supreme Court
Lansing, Michigan
December 5, 2012 Robert P. Young, Jr.,
Chief Justice
145557 & (39)(40)(46) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
ANDRIE, INC., Brian K. Zahra,
Justices
Plaintiff-Appellee,
v SC: 145557
COA: 301615
Court of Claims: 08-000095-MT
DEPARTMENT OF TREASURY,
Defendant-Appellant.
____________________________________/
On order of the Court, the motions for immediate consideration and the motion to
stay the precedential effect of the published Court of Appeals opinion are GRANTED.
The application for leave to appeal the April 26, 2012 judgment of the Court of Appeals
is considered, and it is GRANTED. The parties shall address: (1) whether the Court of
Appeals correctly determined that a retail transaction in Michigan subject to the sales tax,
MCL 205.51 et seq., is not subject to the use tax, MCL 205.91 et seq.; (2) whether a retail
purchaser is entitled to a presumption that sales tax is paid on retail transactions in
Michigan; and (3) whether the exemption in MCL 205.94(1)(a) applies in this case.
I, Corbin R. Davis, 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 5, 2012 _________________________________________
h1128 Clerk