1. Home
  2. Browse Decisions
  3. Mich.
  4. 439 Mich.
  5. 439 Mich. 457 (1992)
 

LI v. FELDT

Docket Nos. 91079, 92057, (Calendar Nos. 1-2).

439 Mich. 457 (1992)

487 N.W.2d 127

LI v. FELDT. GARCIA v. CITY OF JACKSON.

Supreme Court of Michigan.

Decided May 20, 1992.

Attorney(s) appearing for the Case

Pauline R. Rothmeyer for the plaintiff in Li.

Mark T. Light for the plaintiff in Garcia.

R. Bruce Laidlaw, City Attorney, and Kristen D. Larcom, Assistant City Attorney, for the defendants in Li.

Stanton, Bullen, Nelson, Moilanen & Klaasen, P.C. (by Charles A. Nelson), for the defendant in Garcia.

Amici Curiae:

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Stewart H. Freeman, Assistant in Charge, and Michael C. McDaniel, Assistant Attorney General, for the Attorney General, Tort Defense Division.

Smith, Haughey, Rice & Roegge (by Craig R. Noland) for County Road Association of Michigan.

Bodman, Longley & Dahling (by Jerold Lax) for Michigan Municipal League.

Plunkett & Cooney, P.C. (by Christine D. Oldani), for Michigan Municipal Liability and Property Pool.

Cummings, McClorey, Davis & Acho, P.C. (by Marcia L. Howe), for Michigan Municipal Risk Management Authority.

John A. Braden, Monica Farris Linkner, and Charles P. Burbach for Michigan Trial Lawyers Association.

AFTER SECOND REMAND

CAVANAGH, C.J.

We revisit in these cases the issue of the existence and scope of exceptions to governmental immunity from tort liability under MCL 691.1407(1); MSA 3.996(107)(1). We hold that there is no public nuisance exception to governmental immunity, and that, to whatever extent a nuisance per se exception may exist, it is not implicated by the facts of either case before us.

I. FACTS AND PROCEDURAL HISTORY

A.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases