Pohutski v. City of Allen Park

The majority’s decision today overrules many years of Michigan jurisprudence interpreting the government tort liability act (GTLA). Its rationale for upsetting the well-reasoned precedent of this Court is that it brings the statute’s construction closer to the Legislature’s intent. I find this patently inaccurate.

Repeatedly, beginning with the decision in Ross v Consumers Power Co (On Rehearing),1 this Court has construed the GTLA each time by scrutinizing the language and the purpose the Legislature articulated for it. Using a consistent approach, I conclude that the trespass-nuisance…