SHEREE LONGS TOLBERT V DEPT OF NATURAL RESOURCES
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STATE OF MICHIGAN
COURT OF APPEALS
SHEREE LONGS TOLBERT, Personal
Representative of the Estate of CHRISTOPHER LEE
NELSON, Deceased,
UNPUBLISHED
November 21, 1997
Plaintiff-Appellant,
v
DEPARTMENT OF NATURAL RESOURCES,
No. 196580
Court of Claims
LC No. 96-016148 CM
Defendant-Appellee.
Before: Jansen, P.J., and Fitzgerald and Young, JJ.
MEMORANDUM.
Plaintiff’s decedent drown at a public access site owned and operated by defendant. Plaintiff
appeals as of right from the summary dismissal of her action brought pursuant to the recreational land
use act (RUA), MCL 300.201; MSA 13.1485. We affirm. This case is being decided without oral
argument pursuant to MCR 7.214(E).
In Ballard v Ypsilanti Twp, 216 Mich App 545; 549 NW2d 885 (1996), this Court ruled that
governmental immunity bars a claim brought under the RUA against a governmental entity. We are
bound by Ballard. MCR 7.215(H). Because we are bound by Ballard and because plaintiff’s
complaint fails to allege an exception to governmental immunity, summary disposition properly entered.
Affirmed.
/s/ Kathleen Jansen
/s/ E. Thomas Fitzgerald
/s/ Robert P. Young, Jr.
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