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-