Order Michigan Supreme Court
Lansing, Michigan
May 26, 2010 Marilyn Kelly,
Chief Justice
140423 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
NATHAN KLOOSTER, Diane M. Hathaway,
Petitioner-Appellee, Justices
v SC: 140423
COA: 286013
MTT: 00-323883
CITY OF CHARLEVOIX,
Respondent-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 15, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether a “conveyance” within the meaning
of MCL 211.27a(3), (6), or (7) must be by means of a written instrument; (2) if so,
whether the deed creating the joint tenancy qualifies as such an instrument; (3) whether
the transfer of title to the petitioner in this case meets the exception of MCL
211.27a(7)(h); (4) whether the transfer of title to the petitioner and his brother as joint
tenants meets the exception of MCL 211.27a(7)(h); (5) whether this last issue is properly
preserved; and (6) if not, whether this Court should nevertheless consider this issue to
avoid a “miscarriage of justice.” Napier v Jacobs, 429 Mich 222, 232-233 (1987).
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.
May 26, 2010 _________________________________________
0519 Clerk