Opinion
No. 143663.
November 23, 2011.
Order
SC: 143663, COA: 298238, Oakland CC: 2008-093717-NO
On order of the Court, the application for leave to appeal the July 21, 2011 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). At oral argument, the parties shall address whether the accumulation of gravel, natural or otherwise, on the paved roadway is actionable under the highway exception to the governmental tort liability act, MCL 691.1402, and, in particular, whether such an accumulation of gravel implicates the defendant-appellant's duty to maintain the highway in "reasonable repair" within the meaning of MCL 691.1402(1). The parties may file supplemental briefs within 42 days of the date of this order, but they should not submit mere restatements of their application papers.