Mark Gottleber v. County of Saginaw

Order Michigan Supreme Court
Lansing, Michigan
May 28, 2019 Bridget M. McCormack,
Chief Justice
158301 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
MARK GOTTLEBER and ROSE GOTTLEBER, Megan K. Cavanagh,
Plaintiffs-Appellees, Justices
v SC: 158301
COA: 336011
Bay CC: 12-003406-CZ
COUNTY OF SAGINAW,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 12, 2018
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration of an argument made by the defendant but not directly addressed by that
court during its initial review of this case regarding whether the defendant had a legal
duty or obligation to continue pumping and draining water on its land in order to sustain a
particular groundwater level for the benefit of the plaintiffs’ property. If it is determined
on remand that the defendant owed no such duty or obligation, the Court of Appeals
should also consider whether the defendant “abused its legitimate powers” when it took
“affirmative actions” in the absence of any duty or obligation that potentially were
“directly aimed at the plaintiff[s’] property.” See Marilyn Froling Revocable Living
Trust v Bloomfield Hills Country Club, 283 Mich App 264, 295 (2009). In all other
respects, leave to appeal is DENIED, because we are not persuaded that the remaining
questions presented should be reviewed by this Court.
We do not retain jurisdiction.
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 28, 2019
p0520
Clerk