Apex Labs. Int'l Inc. v. City of Detroit, 927 N.W.2d 243, 503 Mich. 1034 (2019)

May 28, 2019 · Michigan Supreme Court · SC: 157996; COA: 338218
927 N.W.2d 243, 503 Mich. 1034

APEX LABORATORIES INTERNATIONAL INC., Petitioner-Appellee,
v.
CITY OF DETROIT, Respondent-Appellant.

SC: 157996
COA: 338218

Supreme Court of Michigan.

May 28, 2019

Order

By order of February 4, 2019, the application for leave to appeal the May 17, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in Henderson v. Civil Serv. Comm. (Docket No. 156270). On order of the Court, the case having been decided on March 15, 2019, --- Mich. ----, 922 N.W.2d 125 (2019), the application is again considered, and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of S. Dakota v. Wayfair, Inc., --- U.S. ----, 138 S. Ct. 2080, 2099, 201 L.Ed.2d 403 (2018), which overruled Quill Corp. v. North Dakota ex rel. Heitkamp , 504 U.S. 298, 112 S. Ct. 1904, 119 L.Ed.2d 91 (1992).

We do not retain jurisdiction.