Penix v. City of St. Johns

Defendant city appeals, on leave granted, from denial of its motion to dismiss. The *260motion was based on-2 grounds: (1) that as appears from the allegations of plaintiff’s declaration timely notice of her claim was not presented to the city commission, as required by the city charter, and (2) that her declaration alleges damages resulting from the negligence of defendant’s employees in performance of a governmental function. Pertinent provisions of the declaration follow:

“2. "That the defendant, the city of St. Johns, is a municipal corporation located in Clinton county, Michigan, whose'…