Opinion
SC 165658 COA 359420
10-20-2023
NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant, v. METRO FIBERNET LLC, Defendant-Appellee.
Ingham CC: 21-000332-CB
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the February 2, 2023 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether the defendant utility company must comply with the plaintiff railroad's approval process before installing a utility line 15 feet under the railroad track at its intersection with a public roadway; and (2) whether the Court of Appeals impermissibly considered evidence outside of the factual record in reaching its decision.
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.