Michigan Road Builders Ass'n v. Department of Management & Budget

Holbrook, Jr., P.J.

Plaintiffs sought declaratory and injunctive relief in the Ingham Circuit Court to prohibit the state from paying settlements and judgments that arise from claims under the defective highway exception to governmental immunity, MCL 691.1402; MSA 3.996(102) (hereafter §2), with funds that are restricted to transportation purposes by Const 1963, art 9, § 9. Plaintiffs include individuals and corporations who pay gasoline and vehicle taxes, and who construct or maintain public roads and bridges financed by those taxes. Ruling in favor of the plaintiffs, the circuit court held…