Court of Appeals, State of Michigan ORDER William B. Murphy, C.J.

Jeffrey Minor v City of Sylvan Lake Presiding Judge Docket No. 314220; 314230; 316793 William C. Whitbeck LC No. 2010-109596-NO Michael J. Talbot Judges

The Court orders that the motion for reconsideration is GRANTED for clarification purposes, and this Court's opinion issued August 26, 2014 is hereby VACATED. A new opinion is attached to this order.

Murphy, C.J., I concur in granting plaintiff's motion for reconsideration and agree that the initial majority opinion should be vacated. And I also conclude that my prior concurring opinion should be vacated. But I do not concur with the analysis and part of the result in the majority's new opinion on reconsideration. Accordingly, I vacate my previous concun-ing opinion and issue the attached opinion on reconsideration that concurs in part and dissents in part.

A true copy entered and certified by Jerome W. Zimmer Jr.. Chief Clerk, on

NOV 2 5 2014 Date