Order Michigan Supreme Court
Lansing, Michigan
November 15, 2012 Robert P. Young, Jr.,
Chief Justice
146104 & (16)(17) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
MAYOR OF THE CITY OF CADILLAC, Brian K. Zahra,
Petitioner-Appellant, Justices
v SC: 146104
COA: 312803
Wexford CC: 2011-023578-CZ
JIM BLACKBURN,
Respondent-Appellee.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the October 29, 2012 order of the Court of Appeals is
considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
REVERSE the order of the Court of Appeals and REMAND this case to the Court of
Appeals, which shall review the application for leave to appeal and decide whether to
grant, deny, or order other relief in accordance with MCR 7.205(D)(2). The Court of
Appeals has jurisdiction over the petitioner’s application for leave to appeal pursuant to
Const 1963, art 6, § 10, MCL 600.308(2)(e), and MCR 7.203(B)(1).
The motion to stay is GRANTED, and the proceedings in the Wexford Circuit
Court are stayed pending the completion of this appeal. On motion of a party or on its
own motion, the Court of Appeals may modify, set aside, or place conditions on the stay
if it appears that the appeal is not being vigorously prosecuted or if other appropriate
grounds appear.
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.
November 15, 2012 _________________________________________
h1115 Clerk