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NASH v. DUNCAN PARK COM'N

Docket Nos. 309403, 314017.

848 N.W.2d 435 (2014)

304 Mich. App. 599

NASH v. DUNCAN PARK COMMISSION. Nash v. Duncan Park Trust.

Court of Appeals of Michigan.

Decided March 20, 2014, at 9:00 a.m.

Attorney(s) appearing for the Case

John D. Tallman , Grand Rapids, for plaintiffs in both appeals.

Merry, Farnen & Ryan, PC, Saint Clair Shores (by John J. Schutza ), for defendants in both appeals.

Before: WHITBECK, P.J., and HOEKSTRA and GLEICHER, JJ.

GLEICHER, J.

These wrongful death actions arise from a sledding accident that took the life of 11-year-old Chance Nash. The accident occurred at Duncan Park in Grand Haven. The questions presented in these consolidated appeals center on the ownership of Duncan Park and whether the governmental tort liability act (GTLA), MCL 691.1401 et seq., bars plaintiff's claims.

To answer these questions we begin by interpreting a document drafted 100 years ago...

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