Opinion
SC 162416 COA 350617
09-29-2021
CONSUMERS ENERGY COMPANY, Plaintiff-Appellant/ Cross-Appellee, v. BRIAN STORM and ERIN STORM, Defendants-Appellees/ Cross-Appellants, and LAKE MICHIGAN CREDIT UNION, Defendant.
Kalamazoo CC: 2019-000160-CC
Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
Bridget M. McCormack, Chief Justice
On order of the Court, the application for leave to appeal the November 19, 2020 judgment of the Court of Appeals and the application for leave to appeal as cross-appellants are considered. We direct the Clerk to schedule oral argument on the applications. MCR 7.305(H)(1).
The parties shall file supplemental briefs addressing: (1) whether the trial court's order finding that there was no public necessity to acquire the appellees' property is "an order of the court . . . determining public necessity" under MCL 213.56(6) that is appealable to the Court of Appeals only by leave; (2) whether MCL 213.56(6) deprives the Court of Appeals of discretion to consider the appellant's appeal of right as on leave granted; and (3) whether the trial court's ruling that there was no public necessity for the appellant's proposed acquisition constituted a determination that the proposed acquisition was "improper" and supported an award of attorney fees and expenses under MCL 213.66(2). The supplemental briefs shall be filed by December 20, 2021, with no extensions except upon a showing of good cause. In the supplemental briefs, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). Each party shall file a responsive brief within 21 days of being served with the other party's supplemental brief. A reply, if any, must be filed within 14 days of being served with the responsive brief. The parties should not submit mere restatements of their application papers.
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.