On order of the Court, the application for leave to appeal the May 16, 2017 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether the Court of Appeals: (1) properly determined that a declaratory judgment was not ripe under MCR 2.605 ; and (2) properly interpreted the contract to determine that "defendant is not obligated to perform [under the contract] until ... a shortfall has occurred, and ... property taxes paid by defendant are inadequate for plaintiff to pay that portion of the bonds that was used to fund the Village." Van Buren Charter Twp. v. Visteon Corp. , 319 Mich. App. 538, 548, 904 N.W.2d 192 (2017). In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.