Order Michigan Supreme Court
Lansing, Michigan
December 5, 2007 Clifford W. Taylor,
Chief Justice
132859 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ENGLISH GARDENS CONDOMINIUM, LLC, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132859
COA: 269213
Livingston CC: 04-021040-AW
HOWELL TOWNSHIP, MERRY BERING,
and LAWRENCE HAMMOND,
Defendants-Appellants.
_________________________________________/
On November 8, 2007, the Court heard oral argument on the application for leave
to appeal the November 28, 2006 judgment of the Court of Appeals. On order of the
Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave
to appeal, we AFFIRM in part and REVERSE in part the judgment of the Court of
Appeals. We reverse the holding that the township acted beyond the scope of § 20.15 of
its ordinance in drawing on the letter of credit without first incurring compensable
expenses. The ordinance did not prohibit the township from retaining some form of
security to ensure compliance with the contract. The township did not violate its
ordinance when it drew on the letter of credit. We affirm the Court of Appeals in all
other respects. Accordingly, we REINSTATE the judgment of the Livingston Circuit
Court.
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.
December 5, 2007 _________________________________________
t1128 Clerk