Opinion
SC: 163320 COA: 349909
03-18-2022
SOARING PINE CAPITAL REAL ESTATE AND DEBT FUND II, LLC, Plaintiff/Counterdefendant-Appellee/Cross-Appellant, v. PARK STREET GROUP REALTY SERVICES, LLC, Park Street Group, LLC, and Dean J. Groulx, Defendants/Counterplaintiffs-Appellants/Cross-Appellees.
Order
On order of the Court, the application for leave to appeal the June 10, 2021 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered. We direct the Clerk to schedule oral argument on the applications. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order addressing the issues raised in the application and cross-application for leave to appeal, and specifically addressing: (1) whether a usury-savings clause is void as a violation of public policy; (2) whether the plaintiff violated the criminal usury statute, MCL 438.41, by seeking to collect on the contract in court or by engaging in any other acts that violated the statute; and (3) if the plaintiff violated MCL 438.41, whether it is barred by the wrongful conduct rule from recovering the principal on the loan. In the supplemental briefs, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). Each party shall file a response brief within 21 days of being served with the other party's supplemental brief. The parties should not submit mere restatements of their application papers.
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.