Order Michigan Supreme Court
Lansing, Michigan
November 1, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128880 & (85)(86)(88)(91) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
COUNTY OF CRAWFORD and COUNTY OF Justices
KALKASKA,
Plaintiffs-Appellants,
v SC: 128880
COA: 254180
Otsego CC: 02-010014-CZ
COUNTY OF OTSEGO,
Defendant-Appellee.
_________________________________________/
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). After 46th Circuit Trial Court v Crawford County is decided on
remand, the Court of Appeals shall reconsider whether Otsego County is entitled to
reimbursement for any attorney fees paid on behalf of the 46th Circuit Trial Court. 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 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