¶ 1. The court is equally divided on whether to affirm or reverse the decision of *262the court of appeals. Justice Donald W. Steinmetz, Justice William A. Bablitch, and Justice Jon P. Wilcox would affirm; Justice Ann Walsh Bradley, Justice N. Patrick Crooks, and Justice David T. Prosser would reverse. Chief Justice Shirley S. Abrahamson did not participate.

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