Order Michigan Supreme Court
Lansing, Michigan
November 1, 2006 Clifford W. Taylor,
Chief Justice
128886-7 & (77)(78)(79)(84) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
46TH CIRCUIT TRIAL COURT, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
Cross-Appellant,
v SC: 128886-7
COA: 256129, 257234
Crawford CC: 02-005951-CZ
COUNTY OF CRAWFORD and CRAWFORD
COUNTY BOARD OF COMMISSIONERS,
Defendants, Counter-Plaintiffs,
Third-Party Plaintiffs-Appellants,
Cross-Appellees,
and
COUNTY OF KALKASKA,
Intervening Third-Party Plaintiff,
Counter-Defendant-Appellant,
Cross-Appellee,
and
COUNTY OF OTSEGO,
Third-Party Defendant-Appellee.
_________________________________________/
By order of December 28, 2005, the application for leave to appeal the May 3,
2005 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, 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 motions for immediate consideration and for peremptory reversal are
DENIED. The remaining motion for miscellaneous relief is 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