Bruce Whitman v. City of Burton

STATE OF MICHIGAN COURT OF APPEALS BRUCE WHITMAN, FOR PUBLICATION July 9, 2015 Plaintiff-Appellee, v No. 294703 Genesee Circuit Court CITY OF BURTON and CHARLES SMILEY, LC No. 08-087993-CL Defendants-Appellants. ON SECOND REMAND Before: O’CONNELL, P.J., and SAAD and BECKERING, JJ. BECKERING, J. (dissenting). As noted by the majority, this matter is before the Court for a third time. Once again, I must disagree with the majority opinion. In addition to my conclusion that Wurtz v Beecher Metro Dist, 495 Mich 242;

848 NW2d 121

(2014), does not impact the outcome of this case, I disagree with the…