Beatrice Boler v. Governor

Summary

The Michigan Supreme Court denied leave to appeal from the Michigan Court of Appeals’ decision concerning whether a municipality operating a waterworks plant and operating under emergency management qualifies as an arm of the state for Court of Claims jurisdiction. The order also addressed amici curiae’s concerns regarding statements about whether municipal waterworks operations constitute governmental or proprietary functions under Michigan’s governmental tort liability act.

Holdings

1. The Michigan Supreme Court denied the application for leave to appeal because it was not persuaded that the questions presented should be reviewed.
2. The Court declined to vacate any portion of the Court of Appeals' decision because that decision did not directly affect whether operation and maintenance of a municipal waterworks constitutes an exercise or discharge of a governmental function under the governmental tort liability act.

Questions Presented

1. Whether the Michigan Supreme Court should grant leave to appeal the Court of Appeals' determination that a municipality operating a waterworks plant, and a municipality and its employees operating under emergency management, are not arms of the state for purposes of Court of Claims jurisdiction.
2. Whether the Court of Appeals' statements regarding the governmental or proprietary character of municipal waterworks operations warranted vacatur or rejection.

Disposition

writ_denied