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War-Ag Farms, LLC v. Franklin Township

Citations: 741 N.W.2d 302; 480 Mich. 948Docket: 133298

Court: Michigan Supreme Court; November 28, 2007; Michigan; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Michigan Supreme Court issued an order on November 29, 2007, concerning the case involving WAR-AG FARMS, LLC, and Dale and Dee Ann Warner as plaintiffs-appellants against Franklin Township, the Franklin Township Zoning Board of Appeals, and the Franklin Township Planning Commission as defendants-appellees. The Court granted a motion for leave to file a brief amicus curiae. Additionally, the Court considered the application for leave to appeal a prior order from the Court of Appeals dated January 17, 2007. Instead of granting leave to appeal, the Court remanded the case to the Court of Appeals for consideration as if leave had been granted. The order was certified by Corbin R. Davis, Clerk of the Michigan Supreme Court.

Legal Issues Addressed

Amicus Curiae Participation

Application: The Michigan Supreme Court allowed an amicus curiae to file a brief in the case, indicating the court's willingness to consider perspectives from non-parties that have a significant interest in the case's outcome.

Reasoning: The Court granted a motion for leave to file a brief amicus curiae.

Certification of Court Orders

Application: The order from the Michigan Supreme Court was officially certified by the Clerk, ensuring the court's decision is properly recorded and communicated as part of the judicial process.

Reasoning: The order was certified by Corbin R. Davis, Clerk of the Michigan Supreme Court.

Remand for Consideration of Appeal

Application: The Michigan Supreme Court decided not to grant leave to appeal and instead remanded the case back to the Court of Appeals for further consideration, indicating the higher court's preference for the lower court to fully evaluate the issues at hand.

Reasoning: Instead of granting leave to appeal, the Court remanded the case to the Court of Appeals for consideration as if leave had been granted.