Order Michigan Supreme Court
Lansing, Michigan
June 23, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
130748 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
LAURENCE G. WOLF CAPITAL Justices
MANAGEMENT TRUST and LAURENCE
G. WOLF, as trustee and individually,
Plaintiffs-Appellees,
v SC: 130748
COA: 262721
Oakland CC: 2003-051450-CK
CITY OF FERNDALE, MARSHA
SCHEER, ROBERT G. PORTER, and
THOMAS W. BARWIN,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the December 20, 2005
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). The parties shall include among the issues to be addressed at oral argument
whether the phrase "property damage" in the exception to governmental immunity for
proprietary functions, MCL 691.1413, encompasses damages caused by tortious
interference with a business relationship or, more generally, encompasses damages other
than damage to physical property. The parties may file supplemental briefs within 42
days of the date of this order, but they should avoid submitting a mere restatement of the
arguments made in their application papers.
The Michigan Municipal League, the Michigan Townships Association, and the
Michigan Association of Counties are invited to file briefs amicus curiae on the issue set
forth above. Other persons or groups interested in the determination of that issue may
move the Court for permission to file briefs amicus curiae.
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.
June 23, 2006 _________________________________________
d0620 Clerk