Order Michigan Supreme Court
Lansing, Michigan
November 19, 2010 Marilyn Kelly,
Chief Justice
140618 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
KATHRYN HADDEN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 140618
COA: 286474
Genesee CC: 07-087100-NO
McDERMITT APARTMENTS, LLC,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 12, 2010
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court
MARKMAN, J. (dissenting).
The instant dispute—whether a landlord has breached his obligation to keep
common areas "fit for the use intended by the parties," MCL 554.139(1)(a)—is governed
by Allison v AEW Capital Mgmt, 481 Mich 419 (2008). I would grant leave to appeal to
determine whether there are reasonable grounds, as the Court of Appeals found, for
distinguishing Allison in this case.
CORRIGAN and YOUNG, JJ., join the statement of MARKMAN, J.
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 19, 2010 _________________________________________
p1116 Clerk