Order Michigan Supreme Court
Lansing, Michigan
November 1, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
126088-90 & (136)(180) Elizabeth A. Weaver
(181)(190)(194)(195)(197) Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
Justices
46TH CIRCUIT TRIAL COURT,
Plaintiff, Counter-Defendant,
Third-Party Defendant-Appellee,
Cross-Appellant,
v SC: 126088-90
COA: 246823, 248593, 251390
Crawford CC: 02-005951-CZ
CRAWFORD COUNTY and CRAWFORD
COUNTY BOARD OF COMMISSIONERS,
Defendants, Counter-Plaintiffs,
Third-Party Plaintiffs-Appellants,
Cross-Appellees,
and
KALKASKA COUNTY,
Intervening Third-Party Plaintiff,
Counter-Defendant-Appellant,
Cross-Appellee,
and
OTSEGO COUNTY,
Third-Party Defendant.
_________________________________________/
By order of December 28, 2005, the application for leave to appeal the April 1,
2004 judgment 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 in
part the judgment of the Court of Appeals and we REMAND this case to the Court of
Appeals for reconsideration of whether the 46th Circuit Trial Court is entitled to recover
reasonable attorney fees, in light of this Court's decision in 46th Circuit Trial Court v
Crawford County (Docket No. 128878). In all other respects, leave to appeal is
2
DENIED, because we are not persuaded that the remaining questions presented should be
reviewed by this Court.
The motions for immediate consideration and for peremptory reversal are
DENIED. The remaining motions for miscellaneous relief are GRANTED. 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