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McDOWELL v. CITY OF DETROIT

Docket No. 246294.

690 N.W.2d 513 (2004)

264 Mich. App. 337

Joyce McDOWELL, as Personal Representative of the estates of Blake Brown, Joyce Brown, and Christopher Brown, deceased, and as Conservator for Jonathon Fish, Joanne Campbell, and Juanita Fish, Plaintiff-Appellee/Cross-Appellants, v. CITY OF DETROIT and the Detroit Housing Commission, Defendants-Appellants/Cross-Appellees.

Court of Appeals of Michigan.

Decided November 9, 2004, at 9:10 a.m.

Released for Publication January 6, 2005.

Attorney(s) appearing for the Case

Fieger, Fieger, Kenney & Johnson, P.C. (by Geoffrey N. Fieger and Victor S. Valenti), Southfield, for the plaintiff.

John A. Schapka, city of Detroit Corporation Counsel, and Rutledge, Manion, Rabaut, Terry & Thomas, P.C. (by Alvin A. Rutledge) (Gross, Nemeth & Silverman, P.L.C., by James G. Gross, of counsel), Detroit, for the defendants.

Before: DONOFRIO, P.J., and WHITE and TALBOT, JJ.

DONOFRIO, P.J.

Defendants, city of Detroit and the Detroit Housing Commission, appeal as of right an order denying their motion for summary disposition on the ground of governmental immunity, MCR 7.202(6)(a)(v), in this action in both tort and contract. On appeal, defendants argue that plaintiff cannot recover under theories of nuisance, trespass-nuisance, or trespass, and cannot maintain a contract/warranty action. Plaintiff Joyce McDowell, who is the personal representative...

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