Opinion
No. 122433.
April 17, 2003.
COA: 230539, Wayne CC: 99-930-464-NI
On order of the Court, the delayed application for leave to appeal from the July 9, 2002, decision of the Court of Appeals is considered, and pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we AFFIRM the judgment of the Court of Appeals. The Court of Appeals erred, however, in stating that Robinson v Detroit, 462 Mich. 439 (2000), is limited to prospective application. See our order in Ewing v City of Detroit, 468 Mich. 886 (2003), in which we clarified that Robinson applies retroactively.
We do not retain jurisdiction.
Cavanagh and Kelly, JJ., would deny leave to appeal.