WINKLER v. MARIST FATHERS OF DETROIT, INC.

Docket No. 152889. COA No. 323511.

886 N.W.2d 643 (2016)

Bettina WINKLER, by her next friends Helga Dahm WINKLER and Marvin Winkler, Plaintiff-Appellant, v. MARIST FATHERS OF DETROIT, INC., d/b/a Notre Dame Preparatory High School and Marist Academy, Defendant-Appellee.

Supreme Court of Michigan.


Order

On order of the Court, the application for leave to appeal the November 12, 2015 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 parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the doctrine of ecclesiastical abstention involves a question of a court's subject matter jurisdiction over a claim, compare Lamont Community Church v. Lamont Christian Reformed Church, 285 Mich.App. 602, 616, 777 N.W.2d 15 (2009), with Dlaikan v. Roodbeen, 206 Mich.App. 591, 594, 522 N.W.2d 719 (1994); (2) whether the Court of Appeals correctly concluded that consideration of plaintiff's challenge to defendant's admission decision would have impermissibly entangled the trial court "in questions of religious doctrine or ecclesiastical polity," Dlaikan, 206 Mich.App. at 594, 522 N.W.2d 719; and (3) whether this Court should overrule Dlaikan, and if so, on what basis. The parties should not submit mere restatements of their application papers.

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.


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