|Michigan Supreme Court
|governmental immunity, tort liability, trusts, parks, Home Rule City Act (HRCA), Michigan Constitution, ordinance
Mary Massaron Ross (P43885) | Hilary A. Ballentine (P69979) |
The City of Grand Haven’s enactment of an ordinance creating a park commission is a valid exercise of its power under the Michigan Constitution and the Home Rule City Act to create an “authority authorized by law”, which, in turn, is properly afforded governmental immunity.The designation of a “commission” rather than an “authority” or “board” is
Michigan Supreme Court:
|MSC requested LDF amicus brief?
A sledding accident took the life of 11-year-old Chance Nash. The accident occurred at Duncan Park in Grand Haven. Mrs. Nash is suing the Duncan Park Commission, as the manager of the park, responsible for supervison and maintenance. The land for the park was given to the city of Grand Haven for the citizens of the city. The city accepted the gift which required the city to pass an ordinance creating the Duncan Park Commission. The documents used the word “trustee” but the Circuit Court found the word was used as its dictionary definition of an office holder, not an administrator of a trust. The Court of Appeals found that the Commission was indeed a trust, and not a political subdivision of the city, and therefore had no governmental immunity.