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GLANCY v. CITY OF ROSEVILLE

Docket Nos. 106283, 109241, Calendar Nos. 1-2.

577 N.W.2d 897 (1998)

Fred J. GLANCY, Plaintiff-Appellee, v. CITY OF ROSEVILLE, a municipal corporation, Defendant-Appellant. Frances C. ASHTON and James ASHTON, Individually, Plaintiffs-Appellees, v. CITY OF HAZEL PARK, a municipal corporation, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Bieber & Czechowski, P.C. by Walter J. Czechowski and William J. Brady, Center Line, for plaintiff-appellee Glancy.

Granzotto & Nicita, P.C. by Mark Granzotto, Detroit, and Law Office of Ronald A. Steinberg by Ronald A. Steinbergtern, Farmington Hills, for plaintiffs-appellees Francis C. Ashton and James Ashton.

Plunkett & Cooney, P.C. by Mary Massaron Ross, Detroit, for defendants-appellants.

Granzotto & Nicita, P.C. by Angela J. Nicita, Detroit, amici curiae, for Michigan Trial Lawyers Association.

Johnson, Rosati, Galica, Labarge, Aseltyne & Field, P.C. by Marcia L. Howe, Farmington Hills, amici curiae, for Michigan Municipal League.

OPINION

TAYLOR, Justice.

These cases present the issue whether the second sentence of M.C.L. § 691.1407(1); M.S.A. § 3.996(107)(1), which affirms governmental immunity as it existed before July 1, 1965, codified the "two-inch rule"1 regarding municipal liability for sidewalk defects despite this Court's abolition of the two-inch rule in Rule v. Bay City,

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