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AFFILIATED FM INS. CO. v. DEPT. OF HWYS. AND TRANSPORTATION

Docket No. 77-2633.

86 Mich. App. 203 (1978)

272 N.W.2d 239

AFFILIATED FM INSURANCE COMPANY v. DEPARTMENT OF STATE HIGHWAYS AND TRANSPORTATION

Michigan Court of Appeals.

Decided October 2, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Myron A. McMillan, Assistants Attorney General, for defendant.

Ross, Soloy & Kochansky, for plaintiffs.

Before: ALLEN, P.J., and CYNAR and D.R. FREEMAN, JJ.

ALLEN, P.J.

Can the state escape liability under governmental immunity when, during excavation of a state highway right-of-way, it disconnects a 12-inch water main on the right-of-way and either fails to reconnect it at all or replaces it with an 8-inch main, thereby cutting off or reducing the water supply necessary to combat a fire occurring on nearby private property? On May 20, 1977, the Court of Claims held yes...

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