Order Michigan Supreme Court
Lansing, Michigan
July 30, 2007 Clifford W. Taylor,
Chief Justice
129930 & (45) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ERIN LEECH, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 129930
COA: 253827
Kent CC: 03-006701-NI
ANITA KRAMER,
Defendant,
and
KENT COUNTY BOARD OF ROAD
COMMISSIONERS,
Defendant-Appellant.
_________________________________________/
By order of April 5, 2006, the application for leave to appeal the October 11, 2005
judgment of the Court of Appeals was held in abeyance pending the decision in Rowland
v Washtenaw Co Rd Comm (Docket No. 130379). The case was decided on May 2, 2007,
477 Mich 197 (2007). On May 29, 2007, the defendant Board of County Road
Commissioners of the County of Kent filed a motion for peremptory reversal. On order
of the Court, the application and the motion for peremptory reversal are considered and,
pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we GRANT the motion
for peremptory reversal and REVERSE the judgment of the Court of Appeals. The
plaintiff’s notice to the defendant Board was untimely under MCL 691.1404. Rowland,
supra. We REMAND this case to the Kent Circuit Court for entry of an order granting
summary disposition to the defendant Board.
CAVANAGH and KELLY, JJ., would deny leave to appeal.
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.
July 30, 2007 _________________________________________
p0723 Clerk