ALBERT GARRETT V CITY OF DETROIT
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
ALBERT GARRETT, GREGORY DOCKERY
and DAN SHEARD,
UNPUBLISHED
August 19, 2008
Plaintiffs-Appellees,
v
CITY OF DETROIT, DETROIT CITY COUNCIL
and DETROIT BUILDING AUTHORITY,
Nos. 269809; 273463
Wayne Circuit Court
LC No. 05-521567-CL
Defendants-Appellants.
Before: White, P.J., and Zahra and Fort Hood, JJ.
WHITE, P.J. (concurring.)
I agree that the action is not for breach of contract, that Mack v City of Detroit, 467 Mich
186; 649 NW2d 47 (2002), holds that defendant cannot create a cause of action against itself in
contravention of governmental immunity unless authorized by the Legislature, and that plaintiffs
do not seek recovery under MCL 123.501. I do not understand the instant case as presenting the
questions whether defendant has authority under the Constitution and the Home Rule Act to
establish procedures for privatization, or whether contracts entered into without following that
procedure are subject to challenge. The only issue we decide today is whether plaintiffs’ private
right of action for damages under the ordinance is barred by governmental immunity.
/s/ Helene N. White
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.