Order Michigan Supreme Court
Lansing, Michigan
April 16, 2010 Marilyn Kelly,
Chief Justice
138323 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.
_________________________________________/
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 only
applies to “county” highways. The parties to this case do not dispute that the road at
issue is not a “county” highway and that the two-inch rule does not apply. 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.
April 16, 2010 _________________________________________
0413 Clerk