Opinion
No. 123629.
September 18, 2003.
Summary Disposition.
No. 123629. In lieu of granting leave to appeal, the Court of Appeals judgment is vacated, and the case is remanded to that Court for consideration of the Supreme Court's decision in Nawrocki v. Macomb Co Road Comm, 463 Mich 143 (2000), for the reason that the panel erroneously concluded that appellant City of St. Clair Shores had a duty to maintain its sidewalks in a condition reasonably safe for public travel. MCR 7.302(G)(1). In Nawrocki, the Supreme Court held that the statutory reference to keeping highways in a condition reasonably safe and fit for travel does not set forth a separate duty to keep the highway "reasonably safe," but instead, the local government's duty is to "maintain the highway in reasonable repair." The Court of Appeals is to consider whether the city of St. Clair Shores breached its duty to maintain the sidewalk in reasonable repair. Jurisdiction is not retained. Court of Appeals No. 236755.
CAVANAGH and KELLY, JJ. We would deny leave to appeal.