Opinion
No. 112052
June 30, 1999.
By order of February 25, 1999, the application for leave to appeal was held in abeyance pending the decision inBrown v. Department of Transportation, (Docket No. 106359). On order of the Court, the appeal inBrown having been dismissed by stipulation of the parties on March 3, 1999, the application is again considered and it is DENIED, there being no majority of the Court in favor of granting leave to appeal.
Weaver, C.J., Taylor and Corrigan, JJ., would deny leave to appeal.
Brickley, Cavanagh, and Kelly, JJ., would remand this case to the Court of Appeals for reconsideration in light ofSuttles v. Dep't of Transportation, 457 Mich. 635 (1998).
Young, Jr., J., not participating.