Opinion
No. 129930.
July 30, 2007.
SC: 129930, COA: 253827, Kent CC: 03-006701-NI.
Summary Dispositions.
By order of April 5, 2006, the application for leave to appeal the October 11, 2005, judgment of the Court of Appeals was held in abeyance pending the decision in Rowland v Washtenaw Co Rd Comm (Docket No. 130379). The case was decided on May 2, 2007, 477 Mich 197 (2007). On May 29, 2007, the defendant Board of County Road Commissioners of the County of Kent filed a motion for peremptory reversal. On order of the Court, the application and the motion for peremptory reversal are considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we grant the motion for peremptory reversal and reverse the judgment of the Court of Appeals. The plaintiffs notice to the defendant board was untimely under MCL 691.1404. Rowland, supra. We remand this case to the Kent Circuit Court for entry of an order granting summary disposition to the defendant board.
CAVANAGH and KELLY, JJ. We would deny leave to appeal.