Estate of Buckner v. City of Lansing

I concur with the order. I write separately only to respond to several arguments in Justice Weaver’s dissent, which have the potential to mislead future litigants and which seek to replace the policy determinations of the Legislature, as explained in Nawrocki v Macomb Co Rd Comm, 463 Mich 143 (2000), with those of Justice Weaver.

The central proposition of Justice Weaver’s dissent is that, under MCL 691.1402(1), municipalities have a “statutory duty to maintain [a] highway ‘in reasonable repair and in a condition reasonably safe and fit for travel.’ ” Post at 1246. However, Nawrocki (a…