Fingerle v. City of Ann Arbor

BECKERING, EJ.

(dissenting). With all due respect, I disagree with the analysis of my colleagues. The governmental tort liability act (GTLA), MCL 691.1401 et seq., provides a statutory framework that establishes when a governmental agency is liable for defects in its sewage disposal system. According to the express language of the GTLA, a governmental agency that knows, or in the exercise of reasonable diligence should know, about a defect in its sewage disposal system — whether it be a defect in the design or a malfunction — must take reasonable steps in a reasonable amount of time to repair,…