Opinion
SC: 160406 COA: 340975
10-08-2021
Alan DRAKE, Plaintiff-Appellant, v. CITY OF OAK PARK, Defendant-Appellee.
Order
By order of May 26, 2020, the application for leave to appeal the September 10, 2019 judgment of the Court of Appeals was held in abeyance pending the decision in Buhl v. City of Oak Park (Docket No. 160355). On order of the Court, the case having been decided on June 9, 2021, ––– Mich. ––––, ––– N.W.2d ––––, 2021 WL 2350031 (2021), the application is again considered, and pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Oakland Circuit Court for further proceedings. In light of our decision in Buhl , we REINSTATE that part of the trial court's order that held that MCL 691.1402a does not apply retroactively.
We do not retain jurisdiction.
Cavanagh, J., did not participate because of her prior involvement as counsel for a party.