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ROSS v. CONSUMERS POWER CO.

Docket No. 64241, (Calendar No. 1).

415 Mich. 1 (1982)

327 N.W.2d 293

ROSS v. CONSUMERS POWER COMPANY

Supreme Court of Michigan.

Decided December 8, 1982.

Attorney(s) appearing for the Case

W.E. Wisner for defendant, third-party plaintiff Consumers Power Company.

Parker, Adams & Mazur, P.C. (by James D. Adams), for defendant John Saines Project 1 Drainage District.

Amici Curiae:

Robert H. Fredericks, II, for Oakland County Drain Commissioner, George W. Kuhn, and the Michigan Association of County Drain Commissioners.

Dykema, Gossett, Spencer, Goodnow & Trigg (by Richard J. McClear and Joseph F. Lucas) and George W. Crockett, Jr., Acting Corporation Counsel, and Darryl F. Alexander, Assistant Corporation Counsel, of counsel, for the City of Detroit.

Bauckham, Reed, Lang, Schaefer & Travis, P.C. (by John H. Bauckham and Robert F. Travis), for Michigan Townships Association.

RYAN, J.

This is a governmental immunity case.

There are two issues to be decided:

(1) Whether the John Saines Project 1 Drainage District is immune from tort liability for certain alleged derelictions which, it is claimed, resulted in serious injury to plaintiff Michael Ross, and

(2) Whether the Court of Appeals erred in applying the "essence of governing" test in determining that the appellant drainage district did not enjoy governmental...

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