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

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