¶ 1. The court is equally divided on whether to affirm or reverse the decision of *280the court of appeals. Justice Donald W. Steinmetz, Justice Jon P. Wilcox and Justice Janine P. Geske would affirm; Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley and Justice N. Patrick Crooks would reverse. Justice William A. Bablitch withdrew from participation.

¶ 2. Accordingly, the decision of the court of appeals is affirmed.