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WRIGHT v. GENESEE COUNTY

Docket No. 156579.

934 N.W.2d 805 (2019)

504 Mich. 410

Genesee County Drain Commissioner Jeffrey WRIGHT, Plaintiff-Appellee, and Charter Township of Fenton, Dennis Bow, Karyn Miller, Bonnie Mathis, Paula Zelenko, Marilyn Hoffman, Larry Green, Jake LaFurgey, Ray Foust, David Guigear, Robert M. Palmer, Rick Caruso, William W. Kovl, Maxine Orr, Village of Goodrich, Village of Gaines, Village of Lennon, Charter Township of Mundy, Township of Argentine, Charter Township of Flint, Charter Township of Mt. Morris, Township of Gaines, and City of Flushing, Plaintiffs, v. GENESEE COUNTY, Defendant-Appellant, and Genesee County Board of Commissioners, Defendant.

Supreme Court of Michigan.

Decided July 18, 2019.

Attorney(s) appearing for the Case

Henneke, Fraim & Dawes, PC, Flint (by Scott R. Fraim , and Brandon S. Fraim ,) for the Genesee County Drain Commissioner.

Plunkett Cooney, Bloomfield Hills (by Mary Massaron , Josephine A. Delorenzo , and Hilary A. Ballentine ,) for Genesee County.

Clark Hill, PLC, Detroit (by Christopher M. Trebilcock , and Robert N. Dare ,) for Amicus Curiae, the city of Flint.

Kickham Hanley PLLC (by Gregory D. Hanley , Royal Oak , and Jamie Warrow ,) for Amicus Curiae, Kickham Hanley PLLC.

BEFORE THE ENTIRE BENCH.

OPINION

In this case, we consider whether a claim for unjust enrichment is barred by the governmental tort liability act (GTLA), MCL 691.1401 et seq. A claim for unjust enrichment is neither a tort nor a contract but rather an independent cause of action. And the remedy for unjust enrichment is restitution—...

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