Order Michigan Supreme Court
Lansing, Michigan
April 23, 2010 Marilyn Kelly,
Chief Justice
139748 & (63) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
FIRST INDUSTRIAL, L.P., Diane M. Hathaway,
Plaintiff-Appellee, Justices
Cross-Appellant,
v SC: 139748
COA: 282742
Ct of Claims: 06-000004-MT
DEPARTMENT OF TREASURY,
Defendant-Appellant,
Cross-Appellee.
_________________________________________/
On April 13, 2010, the Court heard oral argument on the application for leave to
appeal the August 18, 2009 judgment of the Court of Appeals and the application for
leave to appeal as cross-appellant. On order of the Court, the application is again
considered. MCR 7.302(H)(1). In lieu of granting leave to appeal, we REVERSE the
judgment of the Court of Appeals and REINSTATE the decision of the Court of Claims.
The Treasury Department’s interpretation of MCL 208.23b does not conflict with the
statute’s plain meaning. The Court of Appeals failed to give respectful consideration to
the long-standing policy of the Department of Treasury and failed to give cogent reasons
for reversal. In re Rovas Complaint, 482 Mich 90, 103 (2008); Boyer-Campbell v Fry,
271 Mich 282, 296-297 (1935). The application for leave to appeal as cross-appellant is
DENIED, because we are not persuaded that the questions presented should be reviewed
by this Court.
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.
April 23, 2010 _________________________________________
0421 Clerk