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

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