Order Michigan Supreme Court 

Lansing, Michigan 

January 31, 2006 Clifford W. Taylor,

 Chief Justice 

130108 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

ANTONIO L. THOMAS and ANTONIO Maura D. Corrigan 

L. Robert P. Young, Jr. THOMAS ASSOCIATED, Stephen J. Markman, Plaintiffs-Appellants, Justices 

v SC: 130108 

 COA: 266779 
 Wayne CC: 02-220633-CZ

LA-VAN HAWKINS and 

URBAN CITY FOODS, LLC,

 Defendants-Appellees, 

and 

MELVIN BUTCH HOLLOWELL, 

Receiver-Appellee. 

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On December 21, 2005, this Court issued an order granting a stay of trial court 

proceedings in this case and directing that the proceeds of the sale of the Sweet Georgia 

Brown restaurant not be distributed during the pendency of the stay. On order of the 

Court, the application for leave to appeal the December 2, 2005 order of the Court of 

Appeals is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave 

to appeal, we REMAND this case to the Wayne Circuit Court for further proceedings. At 

a November 18, 2005 hearing, Judge Sapala stated that “I’m satisfied that the conflict of 

interest does not exist, this other receiver is to be dissolved.” We DIRECT the circuit 

court to reconsider whether Melvin Butch Hollowell had a conflict of interest and to 

make specific findings addressing the following issues: 

(1) whether receiver Hollowell had or has any professional 

relationships with La-Van Hawkins, Mr. Hawkins’ ex-wife, Wendy 

Hawkins, any of the individuals comprising the group or association that 

purchased the Sweet Georgia Brown restaurant on November 15, 2005, or 

the Sweet Georgia Brown restaurant, and if so, the parameters and duration 

of that professional relationship; 
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(2) whether receiver Hollowell had or has any personal relationships 

with LaVan Hawkins, Mr. Hawkins’ ex-wife, Wendy Hawkins, or any of 

the individuals comprising the group or association that purchased the 

Sweet Georgia Brown restaurant on November 15, 2005, and if so, the 

parameters and duration of that personal relationship; 

(3) whether, if such existing or former personal or professional 

relationships are found, there would naturally be a tendency on Hollowell’s 

part to take actions, as a receiver, in other than a completely disinterested 

manner, see Sellars v Lamb, 303 Mich 604, 610-611 (1942), and if so, 

whether Hollowell should be disqualified from serving as receiver; 

(4) whether Hollowell disclosed information regarding bids and the 

sale of the restaurant he negotiated to his co-receiver, Bryan D. Marcus, 

during the period that Marcus served as co-receiver, and if not, whether 

such non-disclosure was justified; 

(5) whether Hollowell disclosed information regarding bids and the 

sale of the restaurant he negotiated to creditors of La-Van Hawkins to the 

extent such disclosure was appropriate; 

(6) whether the sale Hollowell negotiated was the result of an armslength and even-handed competitive bidding process; 

(7) how many bids were submitted and how many bidders 

participated in the bidding process; and 

(8) whether the $1.5 million sale price Hallowell negotiated fairly 

represents the value of the restaurant. 

The Wayne Circuit Court may conduct additional proceedings or evidentiary 

hearings, if necessary, and is DIRECTED to submit its findings of fact and conclusions of 

law to this Court within thirty-five days of the date of this order. The stay imposed by 

this Court’s order of December 21, 2005 is MODIFIED to allow continued tax payments 

to the State Treasurer’s office during the pendency of the stay. The application for leave 

to appeal the December 2, 2005 order of the Court of Appeals remains under 

consideration. 

We retain jurisdiction. 

s0125 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

January 31, 2006 

Clerk