In a somewhat surprising move, the Michigan Supreme Court issued an order on May 1, 2012 allowing a Court of Appeals decision to stand in a case in which the latter court, in a 2-1 decision, ruled that notice of the location of a defect in a highway within the city of Lansing was sufficient.
I have written extensively on the issue of applying an equitable principle of “substantial” or “adequate” compliance to determine compliance with the strict notice provisions that are conditions precedent to access Michigan courts in lawsuits against the government. Trial courts and the Court of Appeals will continue to apply such principles until the Supreme Court revisits the issue in these types of cases.
Read my prior post about this case and see the Court of Appeals opinion here: Speelman v. City of Lansing.
The Supreme Court’s May 1, 2013 order denying leave is here: Speelman Order.SCT.05.01.2013.