ALBERT GARRETT V CITY OF DETROIT

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STATE OF MICHIGAN COURT OF APPEALS ALBERT GARRETT, GREGORY DOCKERY and DAN SHEARD, UNPUBLISHED August 19, 2008 Plaintiffs-Appellees, v CITY OF DETROIT, DETROIT CITY COUNCIL and DETROIT BUILDING AUTHORITY, Nos. 269809; 273463 Wayne Circuit Court LC No.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-

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