Opinion
Docket No. 108805.
Leave to Appeal Denied February 24, 1998.
Court of Appeals Nos. 188103, 188558.
Application for leave to appeal is denied with respect to the issue decided in Court of Appeals No. 188103, because the Supreme Court is not persuaded that the question presented there in should be reviewed prior to the proceedings ordered by the Court of Appeals and any further subsequent review by that Court. With respect to the issue arising in Court of Appeals No. 188558, leave to appeal is denied, but that aspect of the Court of Appeals judgment that may be read as directing that plaintiffs are necessarily entitled to monetary damages is vacated. If plaintiffs request an evidentiary hearing on their claim for incidental monetary damages, the trial judge familiar with the dispute should allow such a hearing. The trial court is not, however, constrained to award any monetary damages unless it is persuaded that they are appropriate under the facts and the law. Jurisdiction is not retained.
CAVANAGH, J.
I would simply deny leave to appeal.