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Michigan Supreme Court Clarifies Governmental Immunity For MISS DIG Act Violations

A governmental agency cannot be held civilly liable in circuit court for money damages for violations of the MISS DIG Act. The MISS DIG Act exception to governmental immunity under MCL 691.1407(7) is defined by the MISS DIG Act itself, and that Act provides only one avenue of relief that avoids governmental immunity: a complaint filed with the Public Service Commission under MCL 460.732.

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Michigan Supreme Court Says Sidewalk Metal Hazard Not Subject To Governmental Immunity

The city of Detroit was not entitled to summary disposition on the basis of governmental immunity after the Court determined that a metal stub protruding out of a paved sidewalk constituted a “sidewalk defect” and created “a dangerous condition”. . The Supreme Court reversed the Court of Appeals’ decision and remanded to the trial court.

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COA "Curbs" Governmental Immunity Claim

In Sharp v City of Benton Harbor, the COA held that a curb comes within the definition of "a public highway, road, or street," for purposes of applying the highway exception to governmental immunity to municipalities.

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The Kline Conflict - A Row over Rowland

In Kline v Dep't of Tranportation, the COA "begrudgingly" followed McCahan v Brennan, holding that the defendant was entitled to summary disposition where the plaintiff failed to comply with the notice provision.

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