Koenig v. City of South Haven

This matter arises out of the near-drowning of plaintiffs’ daughter when a large wave swept her off a pier in the city of South Haven. Plaintiffs pursued a breach of contract claim against the city under a third-party beneficiary theory. They contended that South Haven breached its obligations under a memorandum of understanding with the Army Corps of Engineers to restrict access to the piers in inclement weather. We conclude that plain*670tiffs’ daughter was not an intended third-party beneficiary of the memorandum of understanding. Accordingly, we would reverse the Court of Appeals decision…