Order Michigan Supreme Court
Lansing, Michigan
June 8, 2007 Clifford W. Taylor,
Chief Justice
129733 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
HARTMAN & EICHHORN BUILDING Robert P. Young, Jr.
COMPANY, INC., Stephen J. Markman,
Justices
Plaintiff/Counter Defendant,
v SC: 129733
COA: 249847
Oakland CC: 2001-032203-CK
STEVEN DAILEY and JANINE DAILEY,
Defendants/Counter Plaintiffs/
Third-Party Plaintiffs/Appellees,
and
GEORGE H. PRESLEY, and ABN-AMRO,
d/b/a STANDARD FEDERAL BANK,
Defendants,
and
JEFFRY R. HARTMAN,
Third-Party Defendant-Appellant.
_________________________________________/
By order of May 4, 2006, we GRANTED the defendant’s application for leave to
appeal, limited to the questions involving the Michigan Consumer Protection Act’s
application to residential builders. We now VACATE the opinion of the Court of
Appeals to the extent it is inconsistent with Liss v Lewiston-Richards, Inc, ____ Mich
____ (Docket No. 130064, decided June 6, 2007). However, because the defendant seeks
to rely on the affirmative defense provided in MCL 445.904(1)(a), and the defendant
failed to raise the affirmative defense of the Michigan Consumer Protection Act
exemption of regulated activities in his first responsive pleading, that defense is not
properly before this Court. We REMAND this case to the Oakland Circuit Court for
further proceedings consistent with this order and Liss.
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 8, 2007 _________________________________________
t0530 Clerk