Robinson v. City of Lansing

Weaver, J.

(concurring). I concur in the result of the majority opinion because I believe that in this close case, the plaintiff has a more persuasive position. I agree with Justice YOUNG as he states in his concurrence: “I am fairly convinced . .. that MCL 691.1402a is best understood as a seamless whole that applies to county highways, the separate provisions of which work better in concert than contrast.”

Further, I also agree with Justice YOUNG that, “to the extent that the majority opinion in this case has adopted an incorrect interpretation of this statute, I urge the Legislature to clarify its intent with regard to the scope of the ‘two-inch rule’ of the highway exception to governmental immunity.”