Order Michigan Supreme Court Lansing, Michigan December 11, 2020 Bridget M. McCormack, Chief Justice 158852 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra DETROIT ALLIANCE AGAINST THE RAIN Richard H. Bernstein TAX, DETROIT IRON & METAL COMPANY, Elizabeth T. Clement AMERICAN IRON & METAL COMPANY, Megan K. Cavanagh, McNICHOLS SCRAP IRON & METAL Justices COMPANY, MONIER KHALIL LIVING TRUST, and BAGLEY PROPERTIES, LLC, Plaintiffs-Appellants, SC: 158852 v COA: 339176 CITY OF DETROIT, DETROIT WATER AND SEWERAGE DEPARTMENT and DETROIT BOARD OF WATER COMMISSIONERS, Defendants-Appellees.

_________________________________________/ On October 7, 2020, the Court heard oral argument on the application for leave to appeal the November 6, 2018 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to that court, which shall hold this case in abeyance pending its decision in Binns v City of Detroit (Court of Appeals Docket No. 337609). After Binns is decided, the Court of Appeals shall reconsider this case in light of Binns.

We do not retain jurisdiction.

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.

December 11, 2020 t1208 Clerk