Opinion
No. 120690 (84).
March 11, 2003.
COA: 208346, Court of Claims: 96-016473-CM
By order of June 24, 2002, the application for leave to appeal from the October 19, 2001 decision of the Court of Appeals was held in abeyance pending the decision of the United States Supreme Court in Yellow Transportation, Inc. v. Michigan, (U.S. Docket No. 01-270). On order of the Court, the decision having been issued by the United States Supreme Court on November 5, 2002, 537 U.S. 36; 123 S.Ct. 371; 154 L.Ed.2d 377 (2002), the application is again considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals decision and we REMAND this case to that court for reconsideration in light of the United States Supreme Court's decision. On remand the Court of Appeals is also DIRECTED to reconsider preserved arguments of the parties not directly addressed by this Court or the United States Supreme Court, including whether § 4005 of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), 49 U.S.C. § 11506(c)(2)(B)(iv)(III) (1994) [recodified at 49 U.S.C. § 14504(c)(2)(B)(iv)(III) (Supp. V 1999)], allows defendants to set the State's registration fees at the level that it charged under its new reciprocity policy in September 1991, for calendar year 1992. The parties are further DIRECTED to address the impact, if any, on this matter of representations made by the Solictor General, in the Amicus Curiae Brief of the United States submitted to the United States Supreme Court in Yellow Transportation, Inc, supra, about proceedings before the United States Federal Highway Administration involving defendants State of Michigan and Michigan Public Service Commission and about the informality of Michigan's reciprocity policies. See 2001 U.S. Briefs (Lexis) 270 at pp. 23-4 (4/5/02 Amicus Curiae Brief of the United States).
We do not retain jurisdiction.