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Holeton v. City of Livonia

Michigan Supreme Court Lansing, Michigan
Apr 8, 2016
SC: 152413 (Mich. Apr. 8, 2016)

Opinion

SC: 152413

04-08-2016

JOHN HOLETON and PAULINE HOLETON, Plaintiffs-Appellants, v. CITY OF LIVONIA, LAURA M. TOY, MAUREEN MILLER BROSNAN, JOHN R. PASTOR, BRANDON M. KRITZMAN, JAMES C. McCANN, JOE LAURA, and THOMAS A. ROBINSON, Defendants-Appellees.


Order

Robert P. Young, Jr., Chief Justice Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices COA: 321501
Wayne CC: 14-000104-CZ

On order of the Court, the application for leave to appeal the July 21, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part V of the judgment of the Court of Appeals, and we REMAND this case to that court. On remand, while retaining jurisdiction, the Court of Appeals shall remand this case to the Wayne Circuit Court for further proceedings to determine whether the defendants were prejudiced by the plaintiffs' delay in bringing their action. At the conclusion of those proceedings, the circuit court shall forward the record and its findings to the Court of Appeals, which shall then reconsider its decision that the plaintiffs' claims for injunctive and declaratory relief were barred by the equitable doctrine of laches. See Lothian v City of Detroit, 414 Mich 160, 168 (1982).

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 8, 2016

/s/_________

Clerk


Summaries of

Holeton v. City of Livonia

Michigan Supreme Court Lansing, Michigan
Apr 8, 2016
SC: 152413 (Mich. Apr. 8, 2016)
Case details for

Holeton v. City of Livonia

Case Details

Full title:JOHN HOLETON and PAULINE HOLETON, Plaintiffs-Appellants, v. CITY OF…

Court:Michigan Supreme Court Lansing, Michigan

Date published: Apr 8, 2016

Citations

SC: 152413 (Mich. Apr. 8, 2016)