Robinson v. City of Detroit

The Supreme Court remanded this case for reconsideration, 457 Mich 874 (1998), because the trial court granted summary disposition for defendant city of Detroit on the basis of the “half-inch rule” adopted in Zielinski v Szokola, 167 Mich App 611, 621-622; 423 NW2d 289 (1988), not the “two-inch rule.” We reverse and remand.

We conclude that the half-inch rule does not survive our Supreme Court’s recent decision in Glancy v Roseville, 457 Mich 580; 577 NW2d 897 (1998). In Glancy, the Court recognized that under the separation of powers courts may not adopt arbitrary rules, such as the two-inch…