The
Michigan Supreme Court, in a 6-1 decision, held that the Court of Appeals was
wrong to rule on whether a park commission was a governmental entity. In one of
his first written opinions, Justice Richard Bernstein dissented.
Case: Nash v. Duncan Park Commission. You can
read the 2 page Order and Justice Bernstein’s dissent here: Click
Here.
The
case involved the death of Diane Nash’s son while he was sledding in Duncan
Park. The park land was donated to the city, but how the board functioned
related to whether it could claim governmental immunity. The trial court held
the city could not be sued.
The
Court of Appeals had ruled that the Duncan Park Commission was, in fact, not a
“board” of the City of Grand Haven, and therefore was not entitled to claim
governmental immunity in tort liability.
The
Michigan Supreme Court rejected that ruling, as the majority stated the issue
of whether the commission was a governmental entity was not raised and therefore
the Court of Appeals should not have reached such a decision on its own.
However,
Justice Bernstein would have left intact the Court of Appeals ruling in order
to emphasize that simply designating a commission as a “board” does not
transform a private entity into a “political subdivision” of a governmental
entity. Justice Bernstein stated, “[G]overnmental immunity should not be so
readily accessible to an entity operating without governmental oversight in a
manner similar to a private entity.”
And, the
Court of Appeals and Justice Bernstein agreed, the Duncan Park Commission
operated independently and autonomously from the City of Grand Haven as a
private body that administers privately held land. The majority on the Supreme
Court simply held that the Court of Appeals should not have reached such a
conclusion on its own, without the issue being raised previously.
Fausone
Bohn, LLP represents municipalities in Western Wayne County and has experience
handling issues of governmental immunity and “political subdivisions” of a
city. If you need counsel or advice on municipal law issues, the team at
Fausone Bohn, LLP is here to help. Contact us today at (248) 468-4536 or online
at www.fb-firm.com.
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