Johnson v. Detroit Metropolitan Airport

I respectfully dissent. I would affirm.

The Legislature has granted tort immunity to governmental agencies "engaged in the exercise or discharge of a governmental function”. MCL 691.1407; MSA 3.996(107). The Legislature has defined as a governmental function "the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports”. MCL 259.132; MSA 10.232 (emphasis added).

I disagree with the majority opinion’s determination that the airport statute is intended solely for eminent domain purposes.

In 1945 the Legislature passed Act No. 327 (amended…