Opinion
No. 128768.
November 3, 2006.
Appeal from the Court of Appeals No. 253565.
Leave to Appeal Granted November 3, 2006.
The parties shall include among the issues to be briefed: (1) whether plaintiffs satisfied the demand requirement of MCL 129.61; (2) whether that statute purports to provide standing to individual taxpayers; and (3) whether standing in this case is controlled by Nat'l Wildlife Federation v Cleveland Cliffs Iron Co, 471 Mich 608 (2004), or whether this case is distinguishable from the principles announced in Nat'l Wildlife. See, e.g., Vermont Agency of Nat'l Resources v United States, 529 US 765 (2000). Appellants' brief and appendix must be filed no later than December 6, 2006. Appellees' brief and appendix, if appellees choose to file an appendix, must be filed no later than January 3, 2007. Briefs and appendixes are to be served on opposing counsel by hand delivery or by such other means as assures delivery not later than one day after the filing date. We direct the clerk of the Court to place this case on the January 2007 session calendar for argument and submission. Persons or groups interested in the determination of the issues set forth above may move the Court for permission to file briefs amicus curiae.
WEAVER, J. The grant order raises questions regarding Nat'l Wildlife Federation v Cleveland Cliffs Iron Co, 471 Mich 608 (2004). Therefore, I would ask the parties to address whether Nat'l Wildlife was correctly decided, as I have similarly asked the parties in Michigan Citizens for Water Conservation v Nestlé, 477 Mich ___ (2006) (Docket Nos. 130802-130803), to do in my October 20, 2006, statement in that case.
KELLY, J. I join the statement of Justice WEAVER.