Devlon Properties, Inc v. City of Boyne City

Order Michigan Supreme Court Lansing, Michigan June 26, 2009 Marilyn Kelly, Chief Justice 138165 Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman DEVLON PROPERTIES, INC., Diane M. Hathaway, Plaintiff-Appellant, Justices v SC: 138165 COA: 279188 Charlevoix CC: 06-035021-AA CITY OF BOYNE CITY, MICHAEL CAIN, DANIEL W. REED, and BOYNE CITY ZONING BOARD OF APPEALS, Defendants-Appellees. _________________________________________/ On order of the Court, the application for leave to appeal the December 18, 2008 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. MARKMAN, J. (dissenting). I would grant leave to appeal to consider the “vesting of property rights in existing zoning” issue raised in my concurring statement in Dorman v Clinton Twp, 477 Mich 955, 956-957 (2006). 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. June 26, 2009 _________________________________________ p0623 Clerk