Order Michigan Supreme Court Lansing, Michigan

May 25, 2011 Robert P. Young, Jr., Chief Justice

142344 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly IRA GORDON and YOLANDA GORDON, Brian K. Zahra, Plaintiffs-Appellants, Justices

v SC: 142344 COA: 293084 Berrien CC: 2006-003082-CK JIM LIPPENS CONSTRUCTION, INC., JIM LIPPENS, and CHIKAMING TOWNSHIP, Defendants, and HOWARD GAUL, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the November 30, 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.

MARILYN KELLY and HATHAWAY, JJ., 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. May 25, 2011 _________________________________________ t0518 Clerk