Opinion
SC: 156708 COA: 333000
03-28-2018
Matthew T. THIEL and Nikole M. Thiel, Plaintiffs/Counterdefendants-Appellees, and William Traywick and Marcia Traywick, Intervening Plaintiffs/Counterdefendants-Appellees, v. David L. GOYINGS and Helen M. Goyings, Defendants/Counterplaintiffs-Appellants.
Order
On order of the Court, the application for leave to appeal the August 8, 2017 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellants shall file a supplemental brief within 42 days of the date of this order addressing: (1) whether the defendants' home is a "modular home" as defined by Timber Ridge Bay's "Declaration of Restrictions, Covenants and Conditions"; and (2) if so, whether the violation was a technical violation that did not cause substantial injury, Cooper v. Kovan , 349 Mich. 520, 530, 84 N.W.2d 859 (1957). In addition to the brief, the appellants shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served with the appellants' brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellants. A reply, if any, must be filed by the appellants within 14 days of being served with the appellees' brief. The parties should not submit mere restatements of their application papers.
The Modular Home Builders Association is invited to file a brief amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.