Order Michigan Supreme Court Lansing, Michigan

May 23, 2012 Robert P. Young, Jr., Chief Justice

144166 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly TOWNSHIP OF ELBA, Brian K. Zahra, Plaintiff-Appellee, Justices

and DAVID L. OSBORN, individually and as Trustee of the Osborn Trust, MARK CRUMBAUGH, CLOYD CORDRAY and RITA CORDRAY, Intervening Plaintiffs-Appellees, v SC: 144166 COA: 303211 Gratiot CC: 10-011569-CZ GRATIOT COUNTY DRAIN COMMISSIONER, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the October 18, 2011 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed whether, as the Court of Appeals concluded, “[w]ithout the requisite number of signatures attached to the #180-0 Drain petition, the Drain Commissioner had no authority or jurisdiction to act on the petition, and the proceedings establishing the No. 181 Consolidated Drainage District are void,” thus authorizing the circuit court to exercise equitable jurisdiction.

The Michigan Association of County Drain Commissioners is invited to file a brief amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

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 23, 2012 _________________________________________ p0516 Clerk