JOSEPH LASH V CITY OF TRAVERSE CITY
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STATE OF MICHIGAN
COURT OF APPEALS
JOSEPH LASH,
FOR PUBLICATION
June 1, 2006
9:00 a.m.
Plaintiff-Appellant,
v
No. 263873
Grand Traverse Circuit Court
LC No. 04-024067-CL
CITY OF TRAVERSE CITY,
Defendant-Appellee.
Official Reported Version
Before: Zahra, P.J., and Murphy and Neff, JJ.
MURPHY, J. (concurring in part).
I concur with Judge Neff 's opinion that MCL 15.602 permits a private cause of action,
but disagree that the act's exception for a 20-mile or greater distance requirement under certain
circumstances is measured in "road miles." Rather, I concur with Judge Zahra's view that MCL
15.601 et seq., when read in its entirety using accepted statutory construction guidelines, requires
that the 20-mile distance referred to in MCL 15.602 be measured in a straight line. Thus,
assuming that plaintiff can satisfy the distance standard, I would permit plaintiff to proceed with
proofs about what damages, if any, were suffered under the defendant's residency requirement.
/s/ William B. Murphy
-1-
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