Order Michigan Supreme Court
Lansing, Michigan
October 3, 2008 Clifford W. Taylor,
Chief Justice
136700 & (56) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
DEPARTMENT OF ENVIRONMENTAL Stephen J. Markman,
QUALITY, Justices
Plaintiff-Appellee,
v SC: 136700
COA: 272652
Ingham CC: 89-064557-CE
REXAIR, INC.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. The application for leave to appeal the May 8, 2008 judgment of the Court
of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to
appeal, we REVERSE the judgment of the Court of Appeals and we REINSTATE the
August 7, 2006 order of the Ingham Circuit Court. The Court of Appeals erred by
holding that the circuit court lacked the inherent authority, as well as the authority under
the consent judgment, the Michigan Rules of Court, and MCL 600.611, to dismiss with
prejudice the dispute resolution proceeding initiated by the plaintiff and to award the
defendant costs and attorney fees. The Court of Appeals further erred by disregarding the
undisputed facts in the record that supported the circuit court’s findings and by failing to
accord the proper deference to the circuit court’s determination that the plaintiff had
invoked the circuit court’s jurisdiction for an improper purpose and abused the dispute
resolution process. Maldonado v Ford Motor Co, 476 Mich 372, 376 (2006).
CAVANAGH and KELLY, JJ., concur in the result.
WEAVER, J. (concurring in the result only).
I concur only with the decision to reverse the judgment of the Court of Appeals
and reinstate the August 7, 2006, order of the Ingham Circuit Court.
2
In Maldonado v Ford Motor Co, 476 Mich 372, 426-435 (dissenting opinion by
Weaver, J.), I disagreed with the majority opinion for the reasons stated in my dissent.
Therefore, I find the citation to Maldonado in this order to be unnecessary.
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.
October 3, 2008 _________________________________________
0930 Clerk