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CANTON TWP. v. WAYNE CTY. ROAD COMM.

Docket No. 74461.

141 Mich. App. 322 (1985)

367 N.W.2d 385

CANTON TOWNSHIP v. WAYNE COUNTY ROAD COMMISSION

Michigan Court of Appeals.

Decided March 5, 1985.

Attorney(s) appearing for the Case

Allen, James & Witthoff, P.C. (by Ronald E. Witthoff); Meyers, Hemming & Polaczyk (by C. Gerald Hemming); Cummings, McClorey, Davis & Acho, P.C. (by Owen Cummings); Bokos & Plakas, P.C. (by C. Brian James); and William J. DeBiasi, for plaintiffs.

Robert E. Murphy, General Counsel, and Martin P. Krall, Jr., for Wayne County Road Commission.

Amici Curiae:

Bauckham, Reed, Lang, Schaefer & Travis, P.C. (by Robert F. Travis), for the Michigan Townships Association.

John Cushman; and Downs, Zagaroli & Downs, P.C. (by Tom Downs and Michael A. Zagaroli), for the County Road Association of Michigan.

Before: V.J. BRENNAN, P.J., and ALLEN and GRIBBS, JJ.

PER CURIAM.

Defendant Wayne County Road Commission appeals as of right from an order of the Wayne County Circuit Court issuing a writ of mandamus. The third and fourth paragraphs of the judgment and order read as follows:

"It is further ordered, adjudged and decreed, that the defendant, Wayne County Road Commission, has the duty to keep in reasonable repair all improved county roads located within the plaintiff-townships so that said roads are reasonably safe...

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