Order Michigan Supreme Court
Lansing, Michigan
September 29, 2010 Marilyn Kelly,
Chief Justice
140627-8 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
COUNTY ROAD ASSOCIATION OF Diane M. Hathaway
MICHIGAN and CHIPPEWA COUNTY Alton Thomas Davis,
Justices
ROAD COMMISSION,
Plaintiffs-Appellants,
and
MICHIGAN PUBLIC TRANSIT
ASSOCIATION, ANN ARBOR
TRANSPORTATION AUTHORITY,
CAPITAL AREA TRANSPORTATION
AUTHORITY, and SUBURBAN MOBILITY
AUTHORITY FOR REGIONAL
TRANSPORTATION,
Intervening Plaintiffs-Appellees,
v SC: 140627-8
COA: 288653; 288691
Ingham CC: 02-000308-CZ
GOVERNOR OF THE STATE OF MICHIGAN,
DIRECTOR OF THE MICHIGAN
DEPARTMENT OF TRANSPORTATION,
MICHIGAN DEPARTMENT OF
TRANSPORTATION, DIRECTOR OF THE
MICHIGAN DEPARTMENT OF MANAGEMENT
AND BUDGET, DEPARTMENT OF
MANAGEMENT AND BUDGET, STATE
BUDGET DIRECTOR, STATE TREASURER,
MICHIGAN DEPARTMENT OF TREASURY,
SECRETARY OF STATE, and STATE OF
MICHIGAN,
Defendants-Appellees.
_________________________________________/
2
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, there being no
majority in favor of granting leave to appeal or taking other action.
KELLY, C.J., and CAVANAGH and HATHAWAY, JJ., would vacate the judgment of
the Court of Appeals and remand this case to the Court of Appeals for reconsideration in
light of Lansing Schools Education Ass’n v Lansing Bd of Education, 487 Mich ___ (SC
138401, decided July 31, 2010).
DAVIS, J., not participating. I recuse myself and am not participating because I
was on the Court of Appeals panel in this case. See MCR 2.003(B).
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.
September 29, 2010 _________________________________________
y0922 Clerk