*1 Order Michigan Supreme Court

Lansing, Michigan May 26, 2010 Marilyn Kelly,

Chief Justice 140423 Michael F. Cavanagh

Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman NATHAN KLOOSTER, Diane M. Hathaway, Petitioner-Appellee, Justices v SC: 140423

COA: 286013 MTT: 00-323883 CITY OF CHARLEVOIX,

Respondent-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the December 15, 2009 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether a “conveyance” within the meaning of MCL 211.27a(3), (6), or (7) must be by means of a written instrument; (2) if so, whether the deed creating the joint tenancy qualifies as such an instrument; (3) whether the transfer of title to the petitioner in this case meets the exception of MCL 211.27a(7)(h); (4) whether the transfer of title to the petitioner and his brother as joint tenants meets the exception of MCL 211.27a(7)(h); (5) whether this last issue is properly preserved; and (6) if not, whether this Court should nevertheless consider this issue to avoid a “miscarriage of justice.” Napier v Jacobs, 429 Mich 222, 232-233 (1987).

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.

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. ^[0519] _________________________________________ May 26, 2010 Clerk