Legal Opinion · Concurrence

Bradford v. Michigan

Michigan Court of Appeals

Decided August 4, 1986No. Docket 86464Published

1ConcurrenceMacKenzie, J.

(concurring in result with Allen, P.J.). I also concur with the result reached in the lead opinion. I write separately because I believe *770the lead opinion too hastily dismisses the question of whether the intentional nuisance exception to governmental immunity has been abolished by Ross v Consumers Power Co (On Rehearing), 420 Mich 567; 363 NW2d 641 (1984).

When a plaintiff suing the state pleads facts which demonstrate that the activity alleged is in the "exercise or discharge of a governmental function,” MCL 691.1407; MSA 3.996(107), the claim is barred by governmental immunity unless the…

2Cases cited12 opinions

  1. Ross v. Consumers Power Co.Michigan Supreme Court · 1985
  2. Rosario v. City of LansingMichigan Supreme Court · 1978
  3. McCann v. MichiganMichigan Supreme Court · 1976
  4. Gerzeski v. Department of State HighwaysMichigan Supreme Court · 1978
  5. Landry v. City of DetroitMichigan Court of Appeals · 1985

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