Order Michigan Supreme Court Lansing, Michigan September 30, 2020 Bridget M. McCormack, Chief Justice 158240 (88)(97) David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra SUSAN BISIO, Richard H. Bernstein Plaintiff-Appellant, Elizabeth T. Clement Megan K. Cavanagh, v SC: 158240 Justices COA: 335422 Oakland CC: 2015-150462-CZ THE CITY OF THE VILLAGE OF CLARKSTON, Defendant-Appellee.

_________________________________________/ On order of the Court, the motion to file a reply to the answer to the motion for rehearing is GRANTED, and the reply filed with the motion is accepted for filing. The motion for rehearing of this Court’s July 24, 2020 opinion is considered, and it is DENIED.

VIVIANO, J. (dissenting).

I would grant defendant-appellee’s motion for rehearing and vacate the Court’s opinion in order to allow the parties and amici curiae an opportunity to address the merits of the new legal theory adopted by the majority opinion.

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.

September 30, 2020 t0929 Clerk