Order Michigan Supreme Court
Lansing, Michigan
November 20, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
138314-5(51) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
WOLVERINE COMMERCE, L.L.C., Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 138314-5
COA: 278417, 282532
Washtenaw CC: 05-000321-CH
PITTSFIELD CHARTER TOWNSHIP,
Defendant-Appellee.
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On order of the Court, the motion for reconsideration of this Court’s May 29, 2009
order is considered, and it is GRANTED to the extent provided in this order. On
reconsideration, we further order that this case is REMANDED to the Court of Appeals
for consideration of the defendant’s claim of appeal in Court of Appeals No. 282532. In
all other respects, the motion for reconsideration is DENIED and this Court’s order of
May 29, 2009, continues in full force and effect.
MARKMAN, J. (concurring).
In light of this Court’s order of May 29, 2009, I concur in the instant order.
However, I continue to believe that this Court should grant leave to appeal to consider the
Court of Appeals’ application of the “self-created hardship” doctrine.
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.
November 20, 2009 _________________________________________
1117 Clerk