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BALLARD v. YPSILANTI TP.

Docket Nos. 106941, 106954, Calendar No. 10.

577 N.W.2d 890 (1998)

Sheniece BALLARD, Personal Representative of the Estate of Kassim Ballard, Plaintiff-Appellant, Cross-Appellee, and Dorothy J. Wilkes and Edna Reid, Copersonal Representatives of the Estate of Anthony Deon Wilkes, Plaintiffs, v. YPSILANTI TOWNSHIP, Defendant-Appellee, Cross-Appellant, and Joann Brinker and Dave Cooper, Defendants. Sheniece BALLARD, Personal Representative of the Estate of Kassim Ballard, Plaintiff, and Dorothy J. Wilkes and Edna Reid, Copersonal Representatives of the Estate of Anthony Deon Wilkes, Plaintiffs-Appellants, Cross-Appellees, v. YPSILANTI TOWNSHIP, Defendant-Appellee, Cross-Appellant, and Joann Brinker and Dave Cooper, Defendants.

Supreme Court of Michigan.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. by Patrick Burkett, Southfield, for plaintiff-appellant Ballard.

Law Offices of Joseph DeVal Welton by Joseph DeVal Welton, Detroit, and Alvin L. Keel, Pontiac, for plaintiff-appellant Wilkes.

Garan, Lucow, Miller, Seward & Becker, P.C. by Rosalind Rochkind and Thomas F. Myers, Detroit, for defendant-appellee cross-appellant Ypsilanti Township.

Plunkett & Cooney, P.C. by Christine D. Oldani and Mary Massaron Ross, Detroit, amicus curiae, for Michigan Municipal League & Michigan Townships Association.

OPINION

MARILYN J. KELLY, Justice.

We granted leave to appeal in this case to determine the effect of the recreational land use act (RUA), M.C.L. § 300.201; M.S.A. § 13.1485, on the governmental tort liability act (GTLA), M.C.L. § 691.1407(1); M.S.A. § 3.996(107)(1). The plaintiffs' decedents drowned while wading in a man-made lake in a township park.

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