BIVENS v. GRAND RAPIDS

Docket No. 92160, (Calendar No. 6).

443 Mich. 391 (1993)

505 N.W.2d 239

BIVENS v. GRAND RAPIDS

Supreme Court of Michigan.

Decided August 31, 1993.


Attorney(s) appearing for the Case

Janice Fuller Bailey, Assistant City Attorney, for defendant City of Grand Rapids.

Smith, Haughey, Rice & Roegge (by Susan Bradley Jakubowski) for third-party defendant-appellee Kent Country Club.

Amici Curiae:

Plunkett & Cooney, P.C. (by Christine D. Oldani and Mary Massaron Ross), for Michigan Municipal League.

Bauckham, Sparks, Rolfe & Thomsen, P.C. (by John H. Bauckham and Eileen W. Wicklund), for Michigan Townships Association.

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

Nancy L. Bosh for Auto Club Group Insurance Company and Michigan Association of Insurance Companies.


GRIFFIN, J.

A local ordinance purports to impose upon the owner of property abutting a public sidewalk the obligation to indemnify the City of Grand Rapids if the owner fails to maintain the sidewalk and if the city is required to pay damages to a person injured on the defective sidewalk. Because the city lacked authority to impose such an obligation, we conclude that indemnification is not available to the city under the...

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