46th Circuit Trial Court v. Crawford County

Order                                                                      Michigan Supreme Court
                                                                                 Lansing, Michigan

  November 1, 2006                                                                  Clifford W. Taylor,
                                                                                             Chief Justice

  126846-49 & (165)                                                                Michael F. Cavanagh
  (166)(182)(183)                                                                  Elizabeth A. Weaver
                                                                                          Marilyn Kelly
                                                                                     Maura D. Corrigan
  46TH CIRCUIT TRIAL COURT,                                                        Robert P. Young, Jr.
             Plaintiff, Counter-Defendant,                                         Stephen J. Markman,
                                                                                                  Justices
             Third-Party Defendant-Appellee, 

             Cross-Appellant, 

  v                                                      SC: 126846-49
                                                         COA: 246823, 248593, 251390,
                                                               252335
                                                         Crawford CC: 02-005951-CZ
  CRAWFORD COUNTY and CRAWFORD
  COUNTY BOARD OF COMMISSIONERS,
           Defendants, Counter-Plaintiffs,

           Third-Party Plaintiffs-Appellants,

           Cross-Appellees,

  and
  OTSEGO COUNTY,

           Third-Party Defendant,                    

  and
  KALKASKA COUNTY,

             Intervening Third-Party Plaintiff,

             Counter Defendant-Appellant,                   

             Cross-Appellee.               

  _________________________________________/

         By order of December 28, 2005, the application for leave to appeal the July 7,
  2004 and August 2, 2004 orders of the Court of Appeals and the application for leave to
  appeal as cross-appellant were held in abeyance pending the decision in 46th Circuit Trial
  Court v Crawford County (Docket No. 128878). On order of the Court, the case having
  been decided on July 28, 2006, 476 Mich 131 (2006), the applications are again
  considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we
  VACATE the orders of the Court of Appeals and we REMAND this case to the Court of
  Appeals, which shall hold this case in abeyance pending its decision on remand in 46th
  Circuit Trial Court v Crawford County (Court of Appeals Docket Nos. 246823, 248593
  and 251390). After 46th Circuit Trial Court v Crawford County is decided on remand,
  the Court of Appeals shall reconsider this case.
                                                                                                              2


       The stay of the circuit court’s awards of attorney fees entered by this Court on
October 1, 2004, and continued by order of December 28, 2005, remains in effect until
completion of this appeal. On motion of a party or on its own motion, the Court of
Appeals may modify, set aside, or place conditions on the stay if it appears that the
appeal is not being vigorously prosecuted or if other appropriate grounds appear.

       The motions for immediate consideration and for peremptory reversal are
DENIED. A public question being involved, and in light of the relationships between the
parties, no costs are awarded.

      KELLY, J., 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.
                        November 1, 2006                    _________________________________________
       d1025                                                                Clerk