City of Marysville v. Pate, Hirn & Bogue, Inc

Plaintiff, City of Marysville, appeals as of right from a February 20, 1990, order of the St. Clair Circuit Court granting summary disposition to defendant, Pate, Hirn & Bogue, Inc., on the ground that plaintiffs claim is barred by the applicable statute of limitations. MCR 2.116(C) (7). We reverse the order of the circuit court.

Plaintiff first contends that the two-year discovery rule of Dyke v Richard, 390 Mich 739; 213 NW2d 185 (1973), is the applicable limitation period in this case. Preliminarily, we must determine whether the parties’ prior appeal in this case resolved this issue,…