Order Michigan Supreme Court
Lansing, Michigan
September 8, 2008 Clifford W. Taylor,
Chief Justice
137173(64)(65) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
CHRISTOPHER P. MARTIN, ANNA Robert P. Young, Jr.
McCOY, RICHARD M. HARRIS, and Stephen J. Markman,
J. RICHARD ERNST, Justices
Plaintiffs-Appellees,
v SC: 137173
COA: 286015
Ingham CC: 08-000752-PZ
SECRETARY OF STATE, DIRECTOR
OF ELECTIONS, and BOARD OF
STATE CANVASSERS,
Defendants,
and
WILLIAM F. MYLES,
Proposed Intervenor,
and
RONALD M. BERGERON,
Proposed Intervenor-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The motion for reconsideration of this Court’s September 4, 2008 order is considered,
and it is DENIED, because it does not appear that the order was entered erroneously.
While under ordinary circumstances, this Court might have ordered the trial court to
allow the proposed intervenor-appellant to intervene and then remanded for further
proceedings, after which the intervenor-appellant would have been able to appeal an
adverse trial court ruling on the merits, under the instant emergency circumstances, we
believe that it was necessary to address both of these matters in the same order.
CAVANAGH and WEAVER, JJ., would grant reconsideration for the reasons set
forth in Justice Cavanagh’s September 4, 2008 concurring and dissenting statement in
this case.
2
KELLY, J., would grant reconsideration for the reasons set forth in her September
4, 2008 dissenting statement in this case.
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.
September 8, 2008 _________________________________________
d0908 Clerk