Matthew T Thiel v. David L Goyings , 501 Mich. 1030 ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
March 28, 2018 Stephen J. Markman,
Chief Justice
156708 Brian K. Zahra
Bridget M. McCormack
MATTHEW T. THIEL and NIKOLE M. THIEL, David F. Viviano
Richard H. Bernstein
Plaintiffs/Counterdefendants-Appellees, Kurtis T. Wilder
and Elizabeth T. Clement,
Justices
WILLIAM TRAYWICK and MARCIA
TRAYWICK,
Intervening Plaintiffs/
Counterdefendants-Appellees,
v SC: 156708
COA: 333000
Allegan CC: 15-055184-CK
DAVID L. GOYINGS and HELEN M. GOYINGS,
Defendants/Counterplaintiffs-
Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the August 8, 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 appellants shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the defendants’ home is a “modular home” as defined by
Timber Ridge Bay’s “Declaration of Restrictions, Covenants and Conditions”; and (2) if
so, whether the violation was a technical violation that did not cause substantial injury,
Cooper v Kovan, 349 Mich. 520, 530 (1957). In addition to the brief, the appellants 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 appellees shall file a supplemental brief within 21 days of being served
with the appellants’ brief. The appellees shall also electronically file an appendix, or in
the alternative, stipulate to the use of the appendix filed by the appellants. A reply, if
any, must be filed by the appellants within 14 days of being served with the appellees’
brief. The parties should not submit mere restatements of their application papers.
The Modular Home Builders Association is invited to file a brief amicus curiae.
Other 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.
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.
March 28, 2018
p0321
Clerk