WILLIAM A S PADDOCK II V DAN DAVID
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STATE OF MICHIGAN
COURT OF APPEALS
WILLIAM A. S. PADDOCK, II,
UNPUBLISHED
September 21, 2004
Plaintiff-Appellee,
v
No. 247432
Ingham Circuit Court
LC No. 01-094274-NZ
DAN DAVID, HENRY HERNANDEZ, and
WILLIAM TOMLINSON,
Defendants,
and
CITY OF LANSING,
Defendant-Appellant.
Before: Borrello, P.J., and Murray and Fort Hood, JJ.
PER CURIAM.
Defendant city of Lansing appeals as of right the trial court’s order denying its motion for
summary disposition of claims filed by plaintiff for trespass and abuse of process/false arrest.
We reverse. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
The city’s Office of Code Compliance entered onto plaintiff’s property to determine
whether he was violating its housing code, issued correction notices, and subsequently, under the
direction of its employees, defendants David and Hernandez, and with the assistance of
defendant Tomlinson, a rubbish hauler, removed items from the property. The city obtained a
warrant for plaintiff’s arrest for loud and boisterous conduct, and arrested him five months later.
Plaintiff filed suit alleging, inter alia, trespass against all defendants and abuse of
process/false arrest against the city. The trial court granted summary disposition in favor of the
city pursuant to MCR 2.116(C)(7) on various claims, but denied summary disposition of
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plaintiff’s claims of trespass and abuse of process/false arrest on the ground that those counts
alleged intentional torts.1
We review a trial court’s decision on a motion for summary disposition de novo. Auto
Club Group Ins Co v Burchell, 249 Mich App 468, 479; 642 NW2d 406 (2001).
A governmental agency is immune from tort liability while engaging in a governmental
function, unless an exception applies. MCL 691.1407. A “governmental function” is an activity
“expressly or impliedly mandated or authorized by constitution, statute, local charter or
ordinance, or other law.” MCL 691.1401(f); Coleman v Kootsillas, 456 Mich 615, 619; 575
NW2d 527 (1998). This definition should be applied broadly. Maskery v Univ of Michigan Bd
of Regents, 468 Mich 609, 614; 664 NW2d 165 (2003). There is no intentional tort exception to
governmental immunity where the tort was committed within the scope of a governmental
function. Smith v Dep’t of Pub Health, 428 Mich 540, 544; 410 NW2d 749 (1987).
We reverse the trial court’s decision denying the city’s motion for summary disposition
of plaintiff’s claims of trespass and abuse of process/false arrest. A home rule city such as the
city of Lansing has the authority to enact ordinances to protect the health, safety, and welfare of
its residents. Const 1963, art 7, § 22; Adams Outdoor Advertising, Inc v Holland, 234 Mich App
681, 689; 600 NW2d 339 (1999). The City’s operation of a housing inspection program and
enforcement of its housing code constituted a governmental function, MCL 691.1401(f);
Coleman, supra, and therefore plaintiff’s intentional tort claims were barred by statutory
governmental immunity, Smith, supra.
Plaintiff’s claims of trespass and abuse of process/false arrest allege intentional torts.
Whether David and Hernandez could be held liable for trespass need not be resolved in this
appeal. A city cannot be held vicariously liable for the intentional torts of its employees. Payton
v Detroit, 211 Mich App 375, 393; 536 NW2d 233 (1995). The city was entitled to summary
disposition of plaintiff’s claims. MCL 691.1401(f); Coleman, supra.
Reversed.
/s/ Stephen L. Borrello
/s/ Christopher M. Murray
/s/ Karen M. Fort Hood
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The trial court’s order did not dispose of all claims in the case; nevertheless, it is considered a
final order from which the city may claim an appeal because it denies the protection of
governmental immunity to a governmental agency. MCR 7.202(7)(a)(v).
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