Order Michigan Supreme Court Lansing, Michigan October 31, 2006 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 129672(51) Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, ALFRED VILLADSEN, DONALD Justices VILLADSEN, MARILYN VILLADSEN, and JACK MICKEVICH, Plaintiffs/Third-Party Defendants-Appellants, v SC: 129672 COA: 255955 Mason CC: 02-000348-CH MASON COUNTY ROAD COMMISSION, Defendant/Third-Party Plaintiff-Appellee, and SHERMAN TOWNSHIP, Defendant/Third-Party Plaintiff, and DEPARTMENT OF NATURAL RESOURCES and MASON COUNTY DRAIN COMMISSIONER, Third-Party Defendants.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s May 19, 2006 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

CAVANAGH, J., would grant reconsideration.

KELLY, J., would grant reconsideration and, on reconsideration, would grant 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.

October 31, 2006 _________________________________________ d1023 Clerk