Order Michigan Supreme Court
Lansing, Michigan
November 2, 2007 Clifford W. Taylor,
Chief Justice
131103(50) Michael F. Cavanagh
Elizabeth A. Weaver
ISKANDAR MANUEL, MAGGIE MANUEL, Marilyn Kelly
JIMMY MANUEL, JOSEPH MANUEL, IMAD Maura D. Corrigan
MANUEL, and ADEL MANUEL, Robert P. Young, Jr.
Plaintiffs-Appellees, Stephen J. Markman,
Justices
v SC: 131103
COA: 258933
Ingham CC: 03-001944-NO
TIMOTHY J. GILL, COUNTY OF CLINTON,
COUNTY OF EATON, RUSTY BANEHOFF,
COUNTY OF INGHAM, EATON COUNTY
SHERIFF, CLINTON COUNTY SHERIFF,
KENNETH KNOWLTON, LANSING CHIEF OF
POLICE, CITY OF LANSING, LANSING
POLICE COMMISSION, JIMMY PATRICK,
and INGHAM COUNTY SHERIFF,
Defendants-Appellees
and
TRI-COUNTY METRO NARCOTICS SQUAD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court's April 4, 2007
order is considered, and it is GRANTED. We VACATE our order dated April 4, 2007.
On reconsideration, the application for leave to appeal the March 23, 2006 judgment of
the Court of Appeals is considered. We direct the Clerk to schedule oral argument on
whether to grant the application or take other peremptory action. MCR 7.302(G)(1). At
oral argument, the parties shall address: (1) whether, in light of the statement in the
Court of Appeals judgment that a breach of contract action against Tri-County Metro
Narcotics Squad (TCM) was possibly viable in the Court of Claims, TCM was an
aggrieved party entitled to appeal, despite the Court of Appeals' affirmance of the Ingham
Circuit Court's grant of summary disposition on all grounds; and (2) whether the Court of
Appeals erred in ruling that TCM is equivalent to a state agency. The parties may file
supplemental briefs within 35 days of the date of this order, but they should not submit
mere restatements of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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.
November 2, 2007 _________________________________________
d1030 Clerk