Linton v. Arenac County Road Commission

Plaintiffs Dave and Marilyn Linton appeal as of right the trial court’s order granting summary disposition for defendant Arenac County Road Commission (the Road Commission) on the basis of governmental immunity. This case involves a dispute regarding whether a rural, roadside drainage ditch is a “storm water drain system” as set forth in MCL 691.1416(j). We reverse.

I. BASIC FACTS AND PROCEDURAL HISTORY

The Lintons alleged that in the fall of 2003, the Road Commission cut down trees, limbs, and branches along Roseburgh Road, which is near the Lintons’ Moffatt Township home, and deposited this…