Estate of Terri a Sholberg v. Robert Truman

Order Michigan Supreme Court

Lansing, Michigan June 21, 2013 Robert P. Young, Jr.,

Chief Justice 146725 Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly Brian K. Zahra

___________________________________ Bridget M. McCormack

David F. Viviano, In re Estate of TERRI A. SHOLBERG Justices ___________________________________ DIANE K. SHOLBERG, as Personal Representative for the Estate of Terri A.

Sholberg,

Plaintiff-Appellee, v SC: 146725

COA: 307308 Emmet CC: 10-002711-NI ROBERT TRUMAN and MARILYN TRUMAN,

Defendants-Appellants, and DANIEL TRUMAN,

Defendant. ____________________________________/

On order of the Court, the application for leave to appeal the November 15, 2012 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing whether, and under what circumstances, a property owner who is not in possession of the property and does not participate in the conduct creating an alleged nuisance may be liable for the alleged nuisance. The parties should not submit mere restatements of their application papers.

We further ORDER that the stay issued by this Court on May 1, 2013 remains in effect until completion of this appeal.

I, Larry S. Royster, 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.

June 21, 2013 h0618

Clerk