Progress Michigan v. Attorney General ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
September 25, 2019 Bridget M. McCormack,
Chief Justice
158150-1 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PROGRESS MICHIGAN, Richard H. Bernstein
Plaintiff-Appellant, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 158150-1
COA: 340921; 340956
Court of Claims: 17-000093-MZ
ATTORNEY GENERAL,
Defendant-Appellee.
_________________________________________/
By order of March 20, 2019, we granted leave to appeal the June 19, 2018
judgment of the Court of Appeals, and this case was placed on the October 2019 session
calendar for argument and submission. On September 3, 2019, the parties filed a joint
motion to vacate the Court of Appeals opinion and remand the case to be dismissed with
prejudice. By order of September 16, 2019, oral argument was adjourned. We DIRECT
the parties to file supplemental briefs within 21 days of the date of this order addressing:
(1) what standard should govern vacatur of lower court decisions in Michigan, see, e.g.,
US Bancorp Mortgage Co v Bonner Mall Partnership, 513 U.S. 18, 29 (1994); California
ex rel State Lands Comm v Superior Court of Sacramento Co, 11 Cal 4th 50, 60-62
(1995); and (2) whether, under the appropriate standard, this Court should vacate the
judgment of the Court of Appeals reported at 324 Mich. App. 659 (2018).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 25, 2019
t0918
Clerk