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LINTON v. ARENAC CTY. RD. COMM.

Docket No. 262571.

729 N.W.2d 883 (2006)

273 Mich. App. 107

Dave LINTON and Marilyn Linton, Plaintiffs-Appellants, v. ARENAC COUNTY ROAD COMMISSION, Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 28, 2006, at 9:10 a.m.

Attorney(s) appearing for the Case

Mark A. Rousseau, Pinconning, for the plaintiffs.

Fordney, Prine & Coffey (by Andrew W. Prine, P.C.), Saginaw, for the defendant.

Before: WHITBECK, C.J., and MURPHY and SMOLENSKI, JJ.

PER CURIAM.

Plaintiffs Dave and Marilyn Linton appeal as of right the trial court's order granting summary disposition for defendant Arenac County Road Commission (the Road Commission) on the basis of governmental immunity. This case involves a dispute regarding whether a rural, roadside drainage ditch is a "storm water drain system" as set forth in MCL 691.1416(j). We reverse.

I. Basic Facts and Procedural History

The Lintons alleged that in the...

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