KATHY KOWALSKI V CITY OF LIVONIA
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STATE OF MICHIGAN
COURT OF APPEALS
KATHY KOWALSKI, DAVID BARNABY,
FRED HYATTS, MAURICE CURRAN, and
LINDA CURRAN,
FOR PUBLICATION
July 26, 2005
9:20 a.m.
Plaintiffs-Appellants,
v
No. 255623
Wayne Circuit Court
LC No. 03-338095-CZ
CITY OF LIVONIA,
Defendant-Appellee.
Official Reported Version
Before: O'Connell, P.J., and Schuette and Borrello, JJ.
SCHUETTE, J. (concurring in the result only).
I would affirm the decision of the trial court. In contrast to the analysis of my
distinguished colleague Judge Peter D. O'Connell, I believe this Court's decision in Morgan v
City of Grand Rapids, 267 Mich App ___; ___ NW2d ___ (2005), is dispositive of this case.
The one-year statute of limitations, MCL 600.308a(3), as explained in Taxpayers Allied
for Constitutional Taxation v Wayne Co, 450 Mich 119, 124-125 n 7; 537 NW2d 596 (1995),
applies to the plaintiffs' cause of action in this matter.
/s/ Bill Schuette
-1-
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