Order Michigan Supreme Court Lansing, Michigan February 27, 2006 Clifford W. Taylor, Chief Justice 130001 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan SHEPLER’S INC., d/b/a SHEPLER’S Robert P. Young, Jr. MACKINAC ISLAND FREIGHT, Stephen J. Markman, Justices Plaintiff-Appellant, v SC: 130001 COA: 263151 Mackinac CC: 04-005918-CZ CITY OF MACKINAC ISLAND, Defendant-Appellee.

_________________________________________/ On order of the Court, the application for leave to appeal the October 25, 2005 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

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.

February 27, 2006 _________________________________________ s0221 Clerk