Order Michigan Supreme Court
Lansing, Michigan
January 29, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128882(127) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
46TH CIRCUIT TRIAL COURT, Robert P. Young, Jr.
Plaintiff, Counter-Defendant, Stephen J. Markman,
Third-Party Plaintiff-Appellee, Justices
v SC: 128882
COA: 254181
Crawford CC: 02-005951-CZ
COUNTY OF CRAWFORD and CRAWFORD
COUNTY BOARD OF COMMISSIONERS,
Defendants, Counter-Plaintiffs,
Third-Party Plaintiffs,
and
COUNTY OF KALKASKA,
Third-Party Plaintiff,
Counter-Defendant,
and
COUNTY OF OTSEGO,
Third-Party Defendant-Appellee,
and
COHL STOKER TOSKEY & MCGLINCHEY PC,
Appellant.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s November 1,
2006 order is considered, and it is GRANTED. In light of the fact that the circuit court
did not impose sanctions on Kalkaska or Crawford Counties in this case, but only
imposed sanctions on Cohl, Stoker, Toskey & McGlinchey, P.C., and the parties concede
that if sanctions are paid by Cohl, Stoker, Toskey & McGlinchey, P.C., the 46th Circuit
Trial Court will not receive a double recovery of its attorney fees, we VACATE that part
of our November 1, 2006 order that vacated the Court of Appeals opinion in part and
remanded this case to the Court of Appeals. On reconsideration, the application for leave
to appeal the May 3, 2005 judgment of the Court of Appeals is again considered, and it is
DENIED, because we are not persuaded that the questions presented should be reviewed
by this 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.
January 29, 2007 _________________________________________
d0122 Clerk