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Chabad-Lubavitch of Mich. v. Schuchman

Supreme Court of Michigan

May 20, 2015

CHABAD-LUBAVITCH OF MICHIGAN, and CONGREGATION BETH CHABAD, Plaintiffs-Appellees, Cross-Appellants,
v.
DR. DOV SCHUCHMAN, KEN KOHN, DORENE SOBCZAK, NEIL CRAFT, ANDREA FEUEREISEN, DALE GOODMAN, LEAH RUBY, ELIMELECH SILBERBERG, SARA TUGMAN BAIS CHABAD TORAH, and CONGREGATION BAIS CHABAD OF WEST BLOOMFIELD, Defendants-Appellants, Cross-Appellees

COA: 312037. Oakland CC: 2012-126333-CH.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices. BERNSTEIN, J., not participating.

ORDER

On order of the Court, the motion for miscellaneous relief is GRANTED. The application for leave to appeal the May 22, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals because there are no grounds on which to equitably toll the statute of limitations. MCL 600.5827 and MCL 600.5829 govern the accrual of the plaintiffs' claims. The statutory scheme is exclusive, and neither statute contains a provision to toll the period of limitations. See Trentadue v Gorton, 479 Mich. 378, 738 N.W.2d 664 (2007). The application for leave to appeal as cross-appellants is considered, and it is DENIED as moot.


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