Heritage in the Hills Homeowners Assn v. Heritage of Auburn Hills

Order Michigan Supreme Court

Lansing, Michigan December 3, 2010 Marilyn Kelly,

Chief Justice 140956 Michael F. Cavanagh

Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman

HERITAGE IN THE HILLS HOMEOWNERS Diane M. Hathaway ASSOCIATION, Alton Thomas Davis,

Plaintiff-Appellant, Justices and ROBERT J. LUTTERMOSER,

Plaintiff, v SC: 140956

COA: 286074 Oakland CC: 06-075239-CZ HERITAGE OF AUBURN HILLS, L.L.C., d/b/a HERITAGE HILLS OF AUBURN HILLS, L.L.C., SILVERMAN BUILDING COMPANIES, INC., d/b/a SILVERMAN COMPANIES, INC., and d/b/a SILVERMAN and d/b/a SILVERMAN HOMES, TOLL DEVELOPMENT CO., INC., d/b/a TOLL BROTHER, INC., and U.S. HOMES CORPORATION,

Defendants-Appellees, and GOJCAJ CONSTRUCTION CORPORATION,

Defendant. _________________________________________/

On order of the Court, the application for leave to appeal the February 2, 2010 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

KELLY, C.J. and HATHAWAY, J., would vacate Part VI of the Court of Appeals opinion concerning the trial court’s holdings related to the individual owners and remand this case to the Court of Appeals for plenary consideration of plaintiff Luttermoser’s arguments.

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.

December 3, 2010 _________________________________________ d1124 Clerk