Lash v. City of Traverse City

{concurring in part and dissenting in part). Consistent with this Court’s unfortunate decision in Mack v Detroit,1 the doctrine of governmental immunity bars plaintiffs cause of action here. Hence, no useful purpose is served by interpreting MCL 15.602 or deciding whether a private cause of action exists under the statute. The majority’s discussion of these two issues is only dictum.

*199However, because the majority chooses to discuss these two issues, I will respond. First, I agree that the 20-mile distance permitted in MCL 15.602 is to be measured in radial miles as opposed to road miles. Also,…