Order Michigan Supreme Court
Lansing, Michigan
May 24, 2006 Clifford W. Taylor,
Chief Justice
130689 & (81)(88) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
NORTHERN WAREHOUSING, INC., Maura D. Corrigan
d/b/a NORTHERN FOOD SERVICE, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 130689
COA: 260598
Ct of Claims: 04-000239-MK
STATE OF MICHIGAN, DEPARTMENT
OF EDUCATION,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. By order of April 12, 2006, this Court directed the parties to file
supplemental briefs stating whether the contract between plaintiff and the State of
Michigan was renewed for the 2005-2006 school year or beyond. The briefs having been
filed, the application for leave to appeal the March 7, 2006 judgment of the Court of
Appeals is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave
to appeal, we REVERSE the judgment of the Court of Appeals. In order to justify the
extraordinary remedy of a preliminary injunction, the moving party must show a
likelihood that it will succeed on the merits of the claim. Michigan State Employees
Ass’n v Dep’t of Mental Health, 421 Mich 152, 157-158 (1984). The Court of Appeals
erred in finding that evidence supported a likelihood of success on plaintiff’s claim for
promissory estoppel. Promissory estoppel requires reasonable reliance on the part of the
party asserting estoppel. The contract between the parties contains an integration clause.
Reliance on pre-contractual representations is unreasonable as a matter of law when the
contract contains an integration clause. See UAW-GM Human Resource Center v KSL
Recreation Corp, 228 Mich App 486, 504 (1998). We REMAND this case to the Court
of Appeals for expedited consideration of the likelihood of success of plaintiff’s other
causes of action. The motion to stay the Court of Claims injunction is GRANTED
pending the completion of this appeal.
We do not retain jurisdiction.
WEAVER, 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.
May 24, 2006 _________________________________________
d0524 Clerk