TACCO FALCON POINT v. CLAPPER, 482 Mich. 1156 (2008)

TACCO FALCON POINT, INC., Plaintiff-Counter-Defendant-Appellee, v. DAVID M. CLAPPER, Defendant/Counter-Plaintiff/Third-Party Plaintiff-Appellant/Cross-Appellee, v. ART MIDWEST, INC., Intervening Third-Party Defendant-Appellee, and AMERICAN REALTY INVESTORYS, INC., and AMERICAN REALTY TRUST, INC., Third-Party Defendants-Appellees/Cross- Appellants, and ART MIDWEST, L.P., Third-Party Defendant.

No. 133430.Supreme Court of Michigan.
December 23, 2008.

Court of Appeals No. 271525.

Reconsiderations Denied December 23, 2008.

Leave to appeal denied at 481 Mich 886.

CAVANAGH and MARKMAN, JJ. We would grant reconsideration and, on reconsideration, would remand this case to the trial court for the reasons stated in the Court of Appeals dissenting opinion.

KELLY, J. I would grant reconsideration.

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