Order Michigan Supreme Court
Lansing, Michigan
May 28, 2010 Marilyn Kelly,
Chief Justice
138323(59) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
DIANE GADIGIAN, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 138323
COA: 279540
Wayne CC: 06-621978-NO
CITY OF TAYLOR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for clarification of this Court’s April 16, 2010
order is considered, and it is GRANTED. The April 16, 2010 order is amended to read as
follows:
By order of November 19, 2009, the application for leave to appeal
the January 27, 2009 judgment of the Court of Appeals was granted. On
order of the Court, leave to appeal having been granted and the briefs of the
parties having been considered, we VACATE our order of November 19,
2009. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
AFFIRM the result reached by the Court of Appeals in light of our decision
in Robinson v City of Lansing, 486 Mich ___ (Docket No. 138669, decided
April 8, 2010), which held that the “two-inch rule” of MCL 691.1402a
applies only to “county” highways. The parties to this case did not dispute
that the road at issue is not a “county” highway. Therefore, in light of our
decision in Robinson, the two-inch rule does not apply to this case. We
thus VACATE the opinion of the Court of Appeals because its analysis is
dictum given our determination in Robinson that MCL 691.1402a applies
only to “county” highways. We REMAND this case to the Wayne Circuit
Court for further proceedings consistent with this order and Robinson.
We do not retain jurisdiction.
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.
May 28, 2010 _________________________________________
d0525 Clerk