Opinion
No. 124835 (114).
September 17, 2004.
SC: 124835, COA: 234037.
Order Granting Oral Argument in Cases Pending on Application for Leave to Appeal.
Pursuant to MCR 7.302(G)(1), the clerk is to schedule oral argument on whether to grant the application or take other peremptory action permitted by MCR 7.302(G)(1). The parties shall include among the issues to be addressed whether the Court of Appeals correctly ruled that there was no "actual controversy" between the parties and that therefore a declaratory judgment action could not be maintained. The parties may file supplemental briefs within 28 days of the date of this order.
WEAVER, J. The issues in this case are of sufficient importance that I would grant leave to appeal rather than direct oral argument on the application.
KELLY, J. I join the statement of Justice WEAVER.