Opinion
SC: 165292 COA: 363776
07-07-2023
STONE AGE PROPERTIES and Motor City Toys, Inc., Plaintiffs-Appellants, v. 800 GOLF DRIVE LLC, d/b/a The Links at Crystal Lake, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the January 4, 2023 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the order of the Court of Appeals and REMAND this case to that court for reconsideration on an expedited basis. The Court of Appeals reversibly erred when it concluded that the threat of personal injury posed by wayward golf balls amounts to a " ‘mere apprehension of future injury,’ which ‘cannot be the basis for injunctive relief.’ " Stone Age Props LLC v 800 Golf Drive LLC , unpublished order of the Court of Appeals, issued January 4, 2023 (Docket No. 363776), quoting Pontiac Fire Fighters Union Local 376 v City of Pontiac , 482 Mich. 1, 9, 753 N.W.2d 595 (2008). The record supports the trial court's finding here that the threat of personal injury caused by wayward golf balls is "actual rather than theoretical." Thermatool Corp v Borzym , 227 Mich App 366, 377, 575 N.W.2d 334 (1998) ; see also Mich Coalition of State Employee Unions v Mich Civil Serv Comm , 465 Mich. 212, 228, 634 N.W.2d 692 (2001) (recognizing that irreparable harm need not have already occurred in order for preliminary injunctive relief to be granted); Niedzialek v Journeymen Barbers, Hairdressers & Cosmetologists’ Int'l Union of America , 331 Mich. 296, 300, 49 N.W.2d 273 (1951) ("It is the settled policy of this Court under such circumstances to grant to a litigant who is threatened with irreparable injury temporary injunctive relief and thereby preserve the original status quo.") (emphasis added). On remand, the Court of Appeals shall consider the other factors required for a preliminary injunction. See Detroit Fire Fighters Ass'n, IAFF Local 344 v Detroit , 482 Mich. 18, 34, 753 N.W.2d 579 (2008) (holding that in reviewing a request for a preliminary injunction, the "court must evaluate whether (1) the moving party made the required demonstration of irreparable harm, (2) the harm to the applicant absent such an injunction outweighs the harm it would cause to the adverse party, (3) the moving party showed that it is likely to prevail on the merits, and (4) there will be harm to the public interest if an injunction is issued").
We do not retain jurisdiction.