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City of South Lyon v. Oakland County Drain Commissioner

Citations: 717 N.W.2d 328; 475 Mich. 907; 2006 Mich. LEXIS 1435Docket: 130179

Court: Michigan Supreme Court; July 19, 2006; Michigan; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Michigan Supreme Court, in an order dated July 19, 2006, addressed case number 130179, involving the City of South Lyon and the South Lyon Treasurer as plaintiffs-appellees against the Oakland County Drain Commissioner as the defendant-appellant. The Court granted a motion for leave to file a brief amicus curiae. However, the application for leave to appeal the Court of Appeals' judgment dated September 22, 2005, was denied, as the Court found insufficient grounds to review the question presented. Justices Cavanagh and Kelly expressed a differing opinion, indicating they would have granted leave to appeal. The order was certified by Corbin R. Davis, Clerk of the Michigan Supreme Court.

Legal Issues Addressed

Denial of Leave to Appeal

Application: The Michigan Supreme Court denied the application for leave to appeal the decision of the Court of Appeals, indicating that the Court did not find sufficient grounds to review the question presented.

Reasoning: The application for leave to appeal the Court of Appeals' judgment dated September 22, 2005, was denied, as the Court found insufficient grounds to review the question presented.

Differing Opinions Among Justices

Application: Justices Cavanagh and Kelly expressed a differing opinion from the majority of the Court, indicating that they would have granted leave to appeal.

Reasoning: Justices Cavanagh and Kelly expressed a differing opinion, indicating they would have granted leave to appeal.

Filing of Amicus Curiae Brief

Application: The Michigan Supreme Court granted a motion for leave to file a brief amicus curiae, allowing external parties to present information or arguments in the case.

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