TERESE ALLEN V VILLAGE OF GOODRICH

Court of Appeals, State of Michigan
ORDER
TERESE ALLEN V VILLAGE OF GOODRICH
Docket No. 377564
LC No. 14-103184-NZ
Colleen A. O’Brien
Presiding Judge
Mark T. Boonstra
Mariam S. Bazzi
Judges
The motion for immediate consideration is GRANTED. Pursuant to MCR 7.205(E)(2), in
lieu of granting leave to appeal, the Court PEREMPTORILY REVERSES the trial court’s September 15,
2025 order granting plaintiffs’ motion to strike defendant Genesee County Drain Commissioner Division
of Surface Water Management’s motions for summary disposition and REMANDS for consideration of
defendant’s motions on the merits. The trial court erred by rejecting the motions on the basis that they
were untimely under the court’s scheduling order. Under MCR 2.116(D)(3), a motion for summary
disposition on “the ground of governmental immunity may be raised at any time, regardless of whether
the motion is filed after the expiration of the period in which to file dispositive motions under a scheduling
order entered pursuant to MCR 2.401.” See also Stephens v Dep’t of Corrections, ___ Mich App ___,
___; ___ NW3d ___ (2025) (Docket No. 368097); slip op at 4 (“[B]oth caselaw and the court rules allow
the state to invoke immunity-based defenses at any time during litigation.”). Rather than apply the current
version of MCR 2.116(D)(3), the trial court relied on Kemerko Clawson LLC v RXIV Inc, 269 Mich App
347; 711 NW2d 801 (2005), to support that the deadline in the scheduling order controlled. But Kemerko
involved a former version of MCR 2.116, and Kermerko did not involve governmental immunity. Under
the current version of MCR 2.116(D)(3), the trial court lacked discretion to reject the summary disposition
motions based on governmental immunity as untimely. On remand, the trial court shall decide defendant’s
motions on the merits. Plaintiffs may raise their law-of-the-case argument on remand.
The motion for peremptory reversal pursuant to MCR 7.211(C)(4) is DENIED as moot.
This order has immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr., Chief Clerk, on
Date

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