Great Wolf Lodge of Traverse City Llc v. Mpsc ( 2011 )

Order Michigan Supreme Court
Lansing, Michigan
June 24, 2011 Robert P. Young, Jr.,
Chief Justice
Rehearing No. 579 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
6 November 2010 Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
139541-2 & (82) Justices
139544-5 & (82)
GREAT WOLF LODGE OF TRAVERSE
CITY, L.L.C.,
Plaintiff-Appellee,
v SC: 139541-2
COA: 281398, 281404
Ingham CC: 06-001484-AA
MICHIGAN PUBLIC SERVICE COMMISSION, MPSC: U-14593
Defendant-Appellant,
and
CHERRYLAND ELECTRIC COOPERATIVE,
Defendant-Appellee.
_________________________________________/
GREAT WOLF LODGE OF TRAVERSE
CITY, L.L.C.,
Plaintiff-Appellee,
v SC: 139544-5
COA: 281398, 281404
Ingham CC: 06-001484-AA
MICHIGAN PUBLIC SERVICE COMMISSION, MPSC: U-14593
Defendant-Appellee,
and
CHERRYLAND ELECTRIC COOPERATIVE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to intervene or to file brief amicus curiae is
considered. The motion to intervene is DENIED. The motion for leave to file brief
amicus curiae is GRANTED. The motion for rehearing is considered, and it is DENIED.
MARKMAN, J. (dissenting).
2
I respectfully dissent. For the reasons stated in my dissenting opinion in this case,
489 Mich 46 (2011), I would grant plaintiff’s motion for rehearing, and vacate that part
of the Court of Appeals’ decision holding that Cherryland Electric Cooperative may be
entitled to provide electricity services to plaintiff. I do not believe this is in accord with
the law of our state. Rather, pursuant to Mich Admin Code, R 460.3411, once all the
buildings on plaintiff’s property had been demolished, Cherryland no longer had any
“customer” on such property, and thus its “entitle[ment] to serve the entire electric load
on the premises of that customer” was extinguished. I would then remand to the trial
court for further proceedings.
HATHAWAY and ZAHRA, JJ., join the statement of MARKMAN, J.
I, Corbin R. Davis, 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.
June 24, 2011 _________________________________________
t0621 Clerk