Order Michigan Supreme Court
Lansing, Michigan
June 4, 2008 Clifford W. Taylor,
Chief Justice
133430 & (96) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
TACCO FALCON POINT, INC., Maura D. Corrigan
Plaintiff/ Robert P. Young, Jr.
Counter-Defendant-Appellee, Stephen J. Markman,
Justices
v SC: 133430
COA: 271525
Oakland CC: 2002-042917-CZ
DAVID M. CLAPPER,
Defendant/Counter-Plaintiff/
Third-Party Plaintiff-Appellant/
Cross-Appellee,
v
ART MIDWEST, INC.,
Intervening Third-Party
Defendant-Appellee,
and
AMERICAN REALTY INVESTORS, INC., and
AMERICAN REALTY TRUST, INC.,
Third-Party Defendants-Appellees/
Cross-Appellants,
and
ART MIDWEST, L.P.,
Third-Party Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 1, 2007
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered, and they are DENIED, because we are not persuaded that the
questions presented should be reviewed by this Court.
CAVANAGH, J., would remand this case to the trial court for the reasons stated in
the Court of Appeals dissenting opinion.
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 4, 2008 _________________________________________
t0528 Clerk