Van Buren Charter Township v. Visteon Corporation ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 11, 2018 Stephen J. Markman,
Chief Justice
156018 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
VAN BUREN CHARTER TOWNSHIP, Elizabeth T. Clement,
Plaintiff-Appellant, Justices
v SC: 156018
COA: 331789
Wayne CC: 15-008778-CK
VISTEON CORPORATION,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 16, 2017
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing whether the Court of Appeals: (1) properly determined that a
declaratory judgment was not ripe under MCR 2.605; and (2) properly interpreted the
contract to determine that “defendant is not obligated to perform [under the contract]
until . . . a shortfall has occurred, and . . . property taxes paid by defendant are inadequate
for plaintiff to pay that portion of the bonds that was used to fund the Village.” Van
Buren Charter Twp v Visteon Corp, 319 Mich. App. 538, 548 (2017). In addition to the
brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2).
In the brief, citations to the record must provide the appendix page numbers as required
by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of
being served with the appellant’s brief. The appellee shall also electronically file an
appendix, or in the alternative, stipulate to the use of the appendix filed by the
appellant. A reply, if any, must be filed by the appellant within 14 days of being served
with the appellee’s brief. The parties should not submit mere restatements of their
application papers.
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.
May 11, 2018
p0508
Clerk