Opinion
364258
04-05-2023
Renee Dunigan v. State of Michigan
LC No. 2022-117333-CD
Mark J. Cavanagh, Elizabeth L. Gleicher Judges.
ORDER
Kathleen Jansen Presiding Judge.
The motion to dismiss pursuant to MCR 7.211(C)(2) is GRANTED for the reason that the appeal is not within the Court of Appeals jurisdiction because there is no indication that the trial court denied a claim of governmental immunity raised by appellant. Rather, it is clear to this Court that the issue presented to the trial court was whether appellee pleaded a cognizable claim under the Elliot Larson Civil Rights Act. In the circumstances of this case, such an issue is properly considered under MCR 2.116(C)(8) and does not involve a denial of governmental immunity.
This Court also declines appellant's invitation to treat the claim as a granted application for leave to appeal. See, however, MCR 7.205(A)(4)(b).