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MICH. ASS'N OF HOME BUILDERS v. DIRECTOR OF DEPT. OF LABOR & ECONOMIC GROWTH

Docket No. 267376.

741 N.W.2d 531 (2007)

276 Mich. App. 467

MICHIGAN ASSOCIATION OF HOME BUILDERS, Plaintiff-Appellee/Cross Appellee, v. DIRECTOR OF DEPARTMENT OF LABOR & ECONOMIC GROWTH and Department of Labor & Economic Growth, Defendants-Appellants, and Michigan Community Action Agency Association, Michigan Environmental Council, and Midwest Energy Efficiency Alliance, Intervening Defendants-Cross Appellants.

Court of Appeals of Michigan.

Decided August 28, 2007, at 9:05 a.m.

Released for Publication October 26, 2007.

Attorney(s) appearing for the Case

McClelland & Anderson, L.L.P. (by Gregory L. McClelland and David E. Pierson), Lansing, for the plaintiff.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Richard P. Gartner and Susan Przekop-Shaw, Assistant Attorneys General, for the defendants.

Clark Hill P.L.C. (by Don L. Keskey) and Brickfield, Burchette, Ritts and Stone, P.C. (by Christopher G. Mackaronis), Lansing; Washington, D.C., for the Midwest Energy Efficiency Alliance.

Clark Hill P.L.C. (by Don L. Keskey), Lansing, for the Michigan Community Action Agency Association and the Michigan Environmental Council.

Before: TALBOT, P.J., and MARK J. CAVANAGH and METER, JJ.

PER CURIAM.

Defendants, Department of Labor & Economic Growth (DLEG) and its director, David C. Hollister, appeal by leave granted an order denying their motion in limine to prohibit plaintiff from submitting at trial evidence not presented to, or considered by, these defendants during the rulemaking process involved in this action. We reverse that order and remand for further proceedings consistent with this opinion. Intervening defendants Michigan Community...

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