Fingerle v. City of Ann Arbor

Defendant city of Ann Arbor appeals the trial court’s denial of its motion for summary disposition of plaintiffs claim under MCL 691.1416 to MCL 691.1419 (the “Sewage Act”) of the governmental tort liability act (GTLA), MCL 691.1401 et seq.1 For the reasons set forth *321in this opinion, we reverse and dismiss plaintiffs claim.

I. ANALYSIS

Plaintiffs home is located in the Landsdowne Subdivision in Ann Arbor. The neighborhood has historically been prone to flooding, and Ann Arbor, without any legal duty to do so, built drainage infrastructure to service the area in the early 1990s. 2 Yet, despite…