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RD BUILDERS ASSOC. v. DEP'T OF M & B

Docket No. 136992.

197 Mich. App. 636 (1992)

495 N.W.2d 843

MICHIGAN ROAD BUILDERS ASSOCIATION v. DEPARTMENT OF MANAGEMENT AND BUDGET

Michigan Court of Appeals.

Decided December 29, 1992, at 9:10 A.M.

Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone (by Lawrence D. Owen, Kevin J. Moody, and Clifford T. Flood), for the plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Assistant Attorney General, for the defendants.

Before: HOLBROOK, JR., P.J., and GRIFFIN and MARILYN KELLY, JJ.

HOLBROOK, JR., P.J.

Plaintiffs sought declaratory and injunctive relief in the Ingham Circuit Court to prohibit the state from paying settlements and judgments that arise from claims under the defective highway exception to governmental immunity, MCL 691.1402; MSA 3.996(102) (hereafter § 2), with funds that are restricted to transportation purposes by Const 1963, art 9, § 9. Plaintiffs include individuals and corporations who pay gasoline and vehicle taxes...

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