Marlin v. City of Detroit

Defendant appeals as of right the judgment entered in favor of plaintiff following a jury trial in circuit court. We reverse and remand for entry of an order granting summary disposition to defendant. MCR 2.116(0(10).

The facts of this case were set forth in Marlin v Detroit, 177 Mich App 108; 441 NW2d 45 (1989). There, plaintiff appealed the circuit court order that granted defendant summary disposition based on governmental immunity. MCR 2.116(C)(7). This Court first held that the failure to return the decedent’s property "constitutes negligence and not an ultra vires act” that would avoid…