Order Michigan Supreme Court Lansing, Michigan

December 12, 2012 Robert P. Young, Jr., Chief Justice

145603 & (85) Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly CITY OF HUNTINGTON WOODS, Brian K. Zahra, Plaintiff-Appellant/ Justices Cross-Appellee, v SC: 145603 COA: 301987 Oakland CC: 07-087352-CZ ORCHARD, HILTZ & MCCLIMENT, INC., Defendant-Appellee/ Cross-Appellant.

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On order of the Court, the application for leave to appeal the May 10, 2012 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. The application for leave to appeal as cross-appellant is therefore moot and is DENIED.

CAVANAGH, 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. December 12, 2012 _________________________________________ p1205 Clerk