Order Michigan Supreme Court Lansing, Michigan

May 20, 2011 Robert P. Young, Jr., Chief Justice

142143 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly LAFARGE MIDWEST, INC., Brian K. Zahra, Petitioner-Appellee, Justices

v SC: 142143 COA: 289292 MTT: 00-318224, 00-328284, CITY OF DETROIT, 00-328928 Respondent-Appellant.

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On order of the Court, the application for leave to appeal the October 12, 2010 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.

MARY BETH KELLY, J. (concurring).

I concur with this Court’s decision to deny leave to appeal. However, I write separately to indicate that I would have reversed the Court of Appeals for the reasons stated in the dissent had the Legislature not amended the renaissance zone act, MCL 125.2681 et seq., after that court released its opinion.

MARILYN KELLY, J., 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 20, 2011 _________________________________________ t0517 Clerk