Supreme Court Grants Oral Argument to Consider Whether Parallel Parking “Areas” Fall within Definition of “Highway” Under the Exception to Governmental Immunity

The Supreme Court granted oral argument on the state’s application in this case. I submitted an amicus curiae brief in support of that application on behalf of the Road Commission for Oakland County, Wayne County and Macomb County.

The order requests additional briefing from the parties on whether the parallel parking “area” in which Plaintiff fell is within the improved portion of the highway designed for vehicular travel under MCL 691.402(1).  Read the order here:  Yono v. MDOT OOA Order

The outcome of this case may also affect what happens in a recent decision by the Court of Appeals applying the Court of Appeals ruling in Yono to facts involving the conjunction of a sidewalk and curb in the City of Ferndale.  That opinion is here:  Percy v. Ferndale.opn

For more information about these cases contact Carson J. Tucker, Chair of the Appeals and Legal Research Group at Lacey & Jones, LLP at (248) 283-0763.

Lacey & Jones, LLP Appeals and Legal Research Group

 

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