Elenbaas v. Department of Treasury

*374Cavanagh, P.J.

Pursuant to MCR 7.215(H)(3), this special panel was convened to resolve a conflict between this Court’s prior, vacated opinion in Elenbaas v Dep’t of Treasury, 231 Mich App 801 (1998), and this Court’s earlier decision in Cook v Dep’t of Treasury, 229 Mich App 653; 583 NW2d 696 (1998). In accordance with MCR 7.215(H)(1), the prior Elenbaas panel was required to follow the precedent of Cook, supra. Were it not for MCR 7.215(H)(1), the previous panel would have affirmed the decision of the lower court.

The facts of this case were set out in this Court’s previous opinion:

After this…