Order Michigan Supreme Court
Lansing, Michigan
November 1, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128882 & (117)(118)(123) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
46TH CIRCUIT TRIAL COURT, Justices
Plaintiff, Counter-Defendant,
Third-Party Plaintiff-Appellee,
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.
_________________________________________/
By order of December 28, 2005, the application for leave to appeal the May 3,
2005 judgment of the Court of Appeals was 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 application is 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). If, after 46th Circuit Trial Court v Crawford County is decided on
remand, the Court of Appeals determines that Kalkaska and Crawford Counties are
responsible for the 46th Circuit Trial Court’s attorney fees, the Court of Appeals shall
2
reconsider whether Kalkaska and Crawford Counties should be liable for sanctions when
they will be responsible for the fees of the attorneys that responded to the sanctionable
pleadings. In all other respects, leave to appeal is 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 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