*1 Order Michigan Supreme Court
Lansing, Michigan June 8, 2007 Clifford W. Taylor,
Chief Justice 129733 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. HARTMAN & EICHHORN BUILDING COMPANY, INC.,
Stephen J. Markman, Justices Plaintiff/Counter Defendant, v SC: 129733
COA: 249847 Oakland CC: 2001-032203-CK STEVEN DAILEY and JANINE DAILEY,
Defendants/Counter Plaintiffs/
Third-Party Plaintiffs/Appellees, and
GEORGE H. PRESLEY, and ABN-AMRO,
d/b/a STANDARD FEDERAL BANK,
Defendants, and
JEFFRY R. HARTMAN,
Third-Party Defendant-Appellant. _________________________________________/
By order of May 4, 2006, we GRANTED the defendant’s application for leave to appeal, limited to the questions involving the Michigan Consumer Protection Act’s application to residential builders. We now VACATE the opinion of the Court of Appeals to the extent it is inconsistent with Liss v Lewiston-Richards, Inc , ____ Mich ____ (Docket No. 130064, decided June 6, 2007). However, because the defendant seeks to rely on the affirmative defense provided in MCL 445.904(1)(a), and the defendant failed to raise the affirmative defense of the Michigan Consumer Protection Act exemption of regulated activities in his first responsive pleading, that defense is not properly before this Court. We REMAND this case to the Oakland Circuit Court for further proceedings consistent with this order and Liss .
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 8, 2007 _________________________________________ t0530 Clerk