Order Michigan Supreme Court
Lansing, Michigan
September 15, 2010 Marilyn Kelly,
Chief Justice
140685 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
CAROL DRAKE and CLELLEN BURY, Alton Thomas Davis,
Plaintiffs-Appellants, Justices
v SC: 140685
COA: 287502
Berrien CC: 2008-000247-CE
CITY OF BENTON HARBOR and HARBOR
SHORES COMMUNITY REDEVELOPMENT
CORPORATION,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the January 21, 2010
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(H)(1). At oral argument, the parties shall address whether the City of Benton
Harbor may lease a portion of Jean Klock Park to Harbor Shores Community
Redevelopment Corporation to develop 3 holes of a proposed 18-hole championship Jack
Nicklaus golf course, without violating: (1) the restriction set forth in the 1917 deed; or
(2) the January 27, 2004 consent judgment in an earlier lawsuit between the plaintiffs and
the City relating to the City’s sale of a portion of Jean Klock Park to Grand Boulevard
Renaissance, LLC, for the construction of a residential development. The parties may
file supplemental briefs within 42 days of the date of this order, but they should not
submit mere restatements of their application papers.
The Michigan Municipal League and the Michigan Recreation and Park
Association are invited to file briefs amicus curiae. Other persons or groups interested in
the determination of the issues presented in this case may move the Court for permission
to file briefs amicus curiae.
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 15, 2010 _________________________________________
s0908 Clerk