Opinion
No. 127660.
September 23, 2005.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal.
SC: 127660.
Pursuant to MCR 7.302(G)(1), we direct the clerk to schedule oral argument on whether to grant the application for leave to appeal or take other peremptory action permitted by MCR 7.302(G)(1). The parties shall include among the issues to be addressed at oral argument whether the Court of Appeals erred in holding that negligent nuisance is an exception to governmental immunity under Hadfield v. Oakland Co Drain Commr, 430 Mich 139 (1988), and whether, if a fire begins in the space between an inner and outer wall of leased premises, the fire "trespasses" to the tenant's premises when it spreads beyond the inner wall. The parties may file supplemental briefs within 28 days of the date of this order, but they should avoid submitting mere restatements of arguments in application papers. Reported below: 264 Mich App 337.