¶1¶ 1. The court is equally divided on whether to affirm or reverse the decision of the court of appeals. Chief Justice Shirley S. Abraham-son, Justice Ann Walsh Bradley, and Justice David T. Prosser would affirm; Justice William A. Bablitch, Justice Jon P. Wilcox, and Justice N. Patrick Crooks would reverse. Justice Diane S. Sykes did not participate.
¶2¶ 2. Accordingly, the decision of the court of appeals is affirmed.