(DOWNLOAD) "Wayne S. Dinger v. Department Natural" by Court of Appeals of Michigan # Book PDF Kindle ePub Free

eBook details

Title: Wayne S. Dinger v. Department Natural
Author : Court of Appeals of Michigan
Release Date : January 31, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

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ON SECOND REMAND This case comes before us on remand from the Supreme Court for the second time for reconsideration in light of Li v Feldt (After Remand) and Garcia v City of Jackson (After Remand), 434 Mich 584; 456 NW2d 55 (1990). 435 Mich 852 (1990). Originally, we held that there exists an intentional nuisance exception to the governmental immunity defense and that plaintiff was not precluded from asserting that exception because of his own wilful and wanton misconduct. Dinger v Dep't of Natural Resources, 147 Mich App 164; 383 NW2d 606 (1985). Our Supreme Court remanded and directed us to reconsider our opinion in light of Hadfield v Oakland Co Drain Comm'r, 430 Mich 139; 422 NW2d 205 (1988). 431 Mich 882 (1988). On remand, we affirmed our prior opinion and judgment, agreeing with this Court's decision in Li v Wong (On Remand), 170 Mich App 256; 428 NW2d 36 (1988), that the intentional nuisance exception had not been abrogated by Hadfield. Dinger v Dep't of Natural Resources (On Remand), unpublished opinion per curiam of the Court of Appeals, decided May 8, 1989 (Docket No. 112913).