Askwith v. City of Sault Ste Marie

While the majority and I are in agreement on the disposition of this case, including the appli*5cation of Li v Feldt (On Second Remand), 187 Mich App 475; 468 NW2d 268 (1991),1 to the facts of this case, we disagree on whether Li (On Second Remand) was correctly decided. The majority concludes that it was not,2 and follows it only because they are obligated to do so under Administrative Order No. 1990-6, 436 Mich lxxxiv; Mich Ct R, p A 1-45. See ante, at 3-4. However, I continue to adhere to my opinion in Li (On Second Remand).

The majority and I do, however, agree on the application of Li (On…