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DYNA GRIND SERVICES, LLC v. CITY OF RIVERVIEW

Docket No. 131860. COA No. 255825.

725 N.W.2d 665 (2007)

DYNA GRIND SERVICES, LLC, and Marco Fusco, Plaintiffs/Counter-Defendants-Appellees, v. CITY OF RIVERVIEW, Defendant/Counter/Plaintiff/Third-Party Plaintiff-Appellant, and Tim Durand, Randy Altimus, Robert Bobeck, David Suputa, and John Menna, Defendants/Counter-Plaintiffs, v. RLI Insurance Company, Third-Party Defendant/Third-Party Plaintiff, v. MV Construction, Inc., and Cans Unlimited, LLC, Third-Party Defendant.

Supreme Court of Michigan.

January 19, 2007.

On order of the Court, the application for leave to appeal the May 4, 2006 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

MARKMAN, J., dissents and states as follows:

I dissent and would remand to the trial court for it to determine whether, under the actual language of the contract, defendant or plaintiff was in breach. A contract is ambiguous when...

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