Burch v. State Highway Commissioner

In this case we divide 3 ways again. One wing of the Court, citing Minarik v. State Highway Commissioner, 336 Mich 209, pursues what Roscoe Pound has called “The Decadence of Equity” (5 Columbia L Rev 20) and votes to oust these plaintiffs from the halls of equity.1 Another wing of the Court refers exclusively to Penix v. City of St. Johns, 354 Mich 259, 263 and stands for affirmance upon certain “reservations” pivoting around the controversial and presently irrelevant doctrine of governmental immunity (of Penix, more later). I stand for denial of defendant’s motion to *496dismiss and for…