Petition DENIED. (orders list)

DISTRIBUTED for Conference of October 31, 2008.

Reply of petitioner David M. Clapper filed. (Distributed)

Brief of respondent TacCo Falcon Point, Inc. in opposition filed.

Waiver of right of respondents Art Midwest, Inc., et al. to respond filed.

Petition for a writ of certiorari filed. (Response due October 2, 2008)

David M. Clapper, Petitioner, represented by Andrew W. Mychalowych

Art Midwest, Inc., et al., Respondent, represented by Peter A. Jackson

TacCo Falcon Point, Inc., Respondent, represented by John F. Redwine