Order Michigan Supreme Court Lansing, Michigan

November 1, 2006 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 128884 & (84) Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, COUNTY OF CRAWFORD and COUNTY OF Justices KALKASKA, Plaintiffs, v SC: 128884

COA: 254182

Otsego CC: 02-010014-CZ

COUNTY OF OTSEGO,

Defendant-Appellee,

and

COHL STOKER TOSKEY & MCGLINCHEY PC

Appellant.

_________________________________________/

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 it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

The miscellaneous motion is GRANTED. A public question being involved, and in light of the relationships between the parties, no costs are awarded.

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