GAINES v. SHELL OIL COMPANY, 465 Mich. 969 (2002)

642 N.W.2d 677

MARY GAINES, Plaintiff-Appellee, v 119535 SHELL OIL COMPANY, AMERITECH CORPORATION, INC., RIBHI BADER ABDELWALI, and SALMA ABDELWALI, d/b/a/ BADER SHELL and RONALD F. BROWN, Defendants-Appellants.

No. 119535.Supreme Court of Michigan.
March 25, 2002.

COA: 218659, Wayne CC: 98-802969-NO

On order of the Court, the application for leave to appeal from the April 10, 2001, decision of the Court of Appeals, is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. The Court of Appeals characterization of defendants Shell Oil and Bader Shell as owning the premises was not an adjudication of Shell Oil’s ownership status, but a repetition of an allegation made in Paragraph 8 of the complaint, which is taken as true for purposes of review of a motion for summary disposition made under MCR 2.116(C)(8).