(concurring in part and dissenting in part). I agree with the majority opinion except as to its treatment of the nuisance issue and the public-building exception to governmental immunity.
Plaintiffs assert that allowing a dangerous condition to continue in the Recorder’s Court, Frank Murphy Hall of Justice constitutes a nuisance. In Furness v Public Service Comm, 100 Mich App 365, 370; 299 NW2d 35 (1980), the Court stated:
"The gravamen of these allegations is that the defendants were negligent in failing to correct a known danger (nuisance). This alleged conduct is omissive rather than commissive and would therefore fall within the category of a negligent nuisance. As such it remains protected from suit by governmental immunity. See Rosario v City of Lansing, 403 Mich 124; 268 NW2d 230 (1978).”
Plaintiffs rely on Radloff v Michigan, 116 Mich App 745; 323 NW2d 541 (1982), remanded 417 Mich 894; 330 NW2d 692 (1983), on remand 136 Mich App 457; 356 NW2d 31 (1984), in support of their position. In Radloff, however, this Court agreed with the trial court’s finding that: "[t]he defendants intended to bring about the conditions which were found to be a nuisance. That is, the defendants allowed American Aggregates to extract gravel from its land leaving behind the pit which then naturally became filled with water. Thus, defendants intentionally brought about the gravel-pit lake.” 116 Mich App 758. This action by *27defendant is the "commissive” conduct discussed in Furness. Radloff does not apply to the instant case since plaintiffs here allege an omission rather than a commission.
Plaintiffs also cite Daugherty v Michigan, 91 Mich App 658; 283 NW2d 825 (1979), lv den 408 Mich 853 (1980). In that case, plaintiff alleged not only acts of omission but also the commissive act of placing boulders around the base of a bridge. Daugherty, supra, p 661. Likewise, Taggie v Dep’t of Natural Resources, 87 Mich App 752, 755; 276 NW2d 485 (1979), involved an omissive act plus the affirmative act of creating "an appearance of safety by the use of diagrams, maps, stairs and trails which led these plaintiffs, and other tourists, to the danger area in ignorance of the risk”. And in Davis v Detroit, 98 Mich App 705; 296 NW2d 341 (1980), lv den 410 Mich 856 (1980), also relied upon by plaintiffs, the government was involved in the governmental function of constructing a sewer. Contrary to plaintiffs’ representation, the Court in Davis opined that the acts of omission were negligent in character and that it was only because "defendant deliberately engaged in construction activities involving the use of dangerous tools and equipment”, 98 Mich App 712, that a nuisance could be found from commissive acts. Finally, plaintiffs rely on Shunk v Michigan, 97 Mich App 626; 296 NW2d 129 (1980). While it is true that the plaintiffs in Shunk merely alleged that the defendant "willfully and intentionally failed to take the appropriate actions required by statute”, 97 Mich App 628, the omissive acts did not fall within the category of negligence since the omitted acts were required to be performed under state law.
I conclude that plaintiffs in the instant case have merely alleged a negligent failure to act and *28not an intentional nuisance on the part of the city. I would affirm the trial court’s order of summary judgment on this count.
However, I would hold that the plaintiffs should be allowed to proceed to trial under the public-building exception to the governmental immunity doctrine. MCL 691.1406; MSA 3.996(106). The majority concludes that plaintiffs’ failure to "allege that their injuries were sustained from a structural part of the building or a fixture attached thereto” and plaintiffs’ failure to "allege that the courtroom was being used in a manner for which it was not intended” preclude recovery under the public-building exception. However, a governmental entity may also be held liable for a public building that is dangerous because of improper design or the absence of safety devices. Pichette v Manistique Public Schools, 403 Mich 268, 283-284; 269 NW2d 143 (1978); Bush v Oscoda Area Schools, 405 Mich 716, 731-732; 275 NW2d 268 (1979). See also Hinds v Dep’t of Corrections, 126 Mich App 99, 101; 337 NW2d 1 (1982). Whether a public building is dangerous or defective because of the absence of safety devices is to be determined in light of the uses or activities for which it is intended. Layton v Quinn, 120 Mich App 708, 712; 328 NW2d 95 (1982); Vargo v Svitchan, 100 Mich App 809, 818-821; 301 NW2d 1 (1980), app dis 411 Mich 1035 (1981); Bush, supra, p 731. In my opinion, plaintiffs have alleged facts which, if believed, would allow reasonable minds to conclude that the absence of metal detector devices in the Frank Murphy Hall of Justice created a dangerous public building in which to conduct criminal prosecutions. I would reverse on this basis only.