FRANCHISE MANAGEMENT UNLIMITED v. A. FAV. CHICKEN, 459 Mich. 949 (1999)

595 N.W.2d 843

FRANCHISE MANAGEMENT UNLIMITED, INC v. AMERICA’s FAVORITE CHICKEN.

No. 108904.Supreme Court of Michigan.
November 1, 1998. Denied March 8, 1999.

The cause having been briefed and orally argued, the order of April 1, 1998, 456 Mich. 959, granting leave to appeal is vacated, and leave to appeal is denied because the Supreme Court is no longer persuaded that the questions presented should be reviewed.

Reported below: 221 Mich. App. 239.

CAVANAGH, J.

I do not agree that leave to appeal should be denied. I believe that the Court of Appeals incorrectly assumed that the statute was to be applied retroactively It is wrong, in my view, because it ignores the “Assurance of Discontinuance” and because its analysis regarding “good cause” is circular and inconsistent with the purpose of the Michigan Franchise Investment Laws.

KELLY, J.

I join in the statement by Justice CAVANAGH.

Leave to Appeal Denied March 9, 1999:

Page 950

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