Opinion
Nos. 110808-110812, 111229, 111234-111238.
Decided May 19, 1998.
Leave to Appeal Denied May 19, 1998:
In light of the judgment of the Court of Appeals entered on October 10, 1997, the stay of enforcement and partial stay of proceedings ordered by the Supreme Court on August 3, 1995, is dissolved. To the extent consistent with the Court of Appeals judgment, the Macomb Circuit Court may conduct further proceedings and issue appropriate orders.
Reported below: ( On Remand) 225 Mich. App. 635.
We would grant leave to appeal.
No. 111229 — Reconsideration denied June 9, 1998.
The motion to amend the Court of Appeals opinion is also denied.
The motion to reinstate or continue the stay of proceedings is granted in part. The Court of Appeals held that defendant-appellant Citizens Insurance Company of America remains obligated to pay the costs of defending the litigation involving Sites 9/9A because there are unresolved questions of fact about whether the leachate discharge that began in 1971 was `sudden and accidental.' The appellant contends that the Court of Appeals misunderstood the record evidence about the nature and the cause of that discharge. It appears that the Court may, indeed, have misread the record as the appellant contends. It further appears that this question about the 1971 discharge is the sole reason that the Court of Appeals opinion does not require granting the appellant's motion for summary disposition. Therefore, the appellant is not required to pay any additional defense costs until the trial court reconsiders the appellant's motion for summary disposition in light of the legal analysis in the Court of Appeals opinion and those facts about the 1971 discharge that the trial court determines are not actually disputed. Jurisdiction is not retained.
CAVANAGH and KELLY, JJ.
We would grant reconsideration and, on reconsideration, would grant leave to appeal.
Nos. 111234-111238 — Reconsideration denied by 428.
CAVANAGH and KELLY, JJ.
We would grant reconsideration and, on reconsideration, would grant leave to appeal.