Opinion
No. 228159.
Order Entered May 14, 2003. Updated June 20, 2003.
Sekulov v. City of Warren, Docket No. 228159. On reconsideration following remand from the Supreme Court, 468 Mich. 863 (2003), in light of Adams v. Dep't of Transportation, 253 Mich. App. 431 (2002), we affirm the trial court's grant of summary disposition for defendant Macomb County. Because the decision in Nawrocki v. Macomb Co Rd Comm, 463 Mich. 143; 615 N.W.2d 702 (2000), and, by implication, the decision in Hanson v. Mecosta Co Bd of Co Rd Comm'rs, 465 Mich. 492; 638 N.W.2d 396 (2002), must be applied retroactively, plaintiff's claims do not fall within the highway exception to governmental immunity, MCL 691.1402(1). Our previous affirmance of the grant of summary disposition with respect to defendant city of Warren remains valid for the reasons stated in Part IV of our earlier opinion, Sekulov v. Warren, 251 Mich. App. 333; 650 N.W.2d 397 (2002), which opinion was vacated by the Supreme Court in the order remanding this matter for our reconsideration.