Opinion
No. 116296 (127)(128).
June 20, 2000.
COA: 211740.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the October 19, 1999 decision of the Court of Appeals is also considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE that portion of the Court of Appeals order of January 14, 2000, to the extent that it awards costs and fees associated with the presentation of the argument about the school lunch program, MCL 388.1631a(5); MSA 15.1919(931a)(5). The parties stipulated that costs and fees could not be awarded if defendants prevailed. We REMAND this case to the Court of Appeals for a determination of the costs and fees associated with that issue and a deduction of those amounts from the amount awarded in the January 14, 2000, order. In all other respects, the application for leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The motion for peremptory reversal is also considered, and it is DENIED. The motion for stay is also considered, and it is DENIED as moot.
Cavanagh, J., would deny leave to appeal.