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IN RE SMITH TRUST

Docket No. 133462. (Calendar No. 5)

745 N.W.2d 754 (2008)

In re Egbert R. SMITH TRUST. Glen Phillips and Dale Phillips, Petitioners-Appellees, v. Betty Homer, Successor Trustee, Respondent-Appellant.

Supreme Court of Michigan.

Decided March 19, 2008.

Attorney(s) appearing for the Case

Clark & Clark, P.C. (by Donald J. Clark), Bad Axe, for the petitioners.

John S. Paterson, Sandusky, for the respondent.

Berry Moorman P.C. (by Randolph T. Barker), Detroit, for the Real Property Law Section of the State Bar of Michigan, amicus curiae.

OPINION

WEAVER, J.

We granted leave to appeal to consider whether a right of first refusal is revocable once the holder of the right receives notice of a third party's offer and whether the petitioners-tenants are entitled to summary disposition and specific performance of the right of first refusal.

We affirm the judgment of the Court of Appeals and hold that, under the lease agreement in this case...

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