Opinion
Docket Nos. 150520 150521. COA Nos. 316038 316131.
2015-10-28
CONSUMERS ENERGY COMPANY, f/k/a Consumers Power Co., Plaintiff–Appellee, v. DEPARTMENT OF TREASURY, State of Michigan, Defendant–Appellant.
Order
By order of March 3, 2015, the application for leave to appeal the October 16, 2014 judgment of the Court of Appeals was held in abeyance pending the decision in Detroit Edison Co v. Dep't of Treasury (Docket No. 148753). On order of the Court, the case having been decided on July 22, 2015, 498 Mich. 28, 869 N.W.2d 810 (2015), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE in part Parts III.A. and III.B. of the Court of Appeals opinion, and we REMAND this case to the Court of Claims for reconsideration and application of the Detroit Edison decision and of the defendant's reasonable formula or method for determining the percentage of exempt use to total use. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.