Opinion
No. 129884.
April 21, 2006.
Leave to Appeal Denied.
SC: 129884, COA: 254449.
I concur in the decision to deny leave to appeal on the basis that plaintiffs' claims are barred by governmental immunity, see MCL 691.1407(1); Pohutski v. City of Allen Park, 465 Mich 675 (2002), and do not meet the requirements of a compensable taking, see Hinojosa v. Dep't of Natural Resources, 263 Mich App 537 (2004), lv den 472 Mich 943 (2005).
I write separately to bring to the Legislature's attention that this is at least the third recent case in which property owners in Detroit have suffered losses of their property because of negligent maintenance of an adjacent property owned by the city. See also Farmers Ins Group v. Dep't of Natural Resources (Docket No. 128893), lv den 469 Mich 1055 (2006); and Farm Bureau Insurance v. Detroit (Docket No. 129631), lv pending. I urge the Legislature to consider whether, in view of current governmental immunity and takings law in Michigan, further legal remedies are warranted for property owners in these circumstances.
CAVANAGH and KELLY, JJ. We would grant leave to appeal.