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03/24/76 DEVOE v. CHEBOYGAN COUNTY ROAD COMMISSION

March 24, 1976

DEVOE
v.
CHEBOYGAN COUNTY ROAD COMMISSION



Appeal from Cheboygan, Joseph Swallow, J.

Leave to appeal applied for.

McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ. N. J. Kaufman, J., concurred. McGregor, P. J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. Counties -- Highways -- County Roads -- Affirmative Duty -- Reasonable Repair -- Statutes.

An affirmative duty is imposed, by statute, on the counties to keep their roads in reasonable repair and one should not have to wait until he suffers personal injuries due to unsafe roads before he can enforce that statutory duty (MCLA 224.21; MSA 9.121).

2. Counties -- Highways -- County Roads -- Affirmative Duty -- Reasonable Repair -- Condition of Other Roads.

It is the affirmative duty of a county to keep all county roads in reasonable repair and reasonably safe for travel, and a county is not excused from meeting this duty as to a particular road on the basis that other roads are not reasonably maintained.

3. Counties -- Highways -- County Roads -- De Novo Review -- Reasonable Maintenance -- County Road Commission -- Writ of Mandamus.

Reasonable maintenance and safety require regular snow plowing, grading and proper signing of a county road and where the Court of Appeals is convinced by a de novo review of the record that the road in question has not received such maintenance, that road is not reasonably maintained nor safe for traffic and the county road commission has breached its affirmative duty to keep that road in reasonable repair and a writ of mandamus will issue requiring the county road commission to properly maintain the road.

4. Counties -- Highways -- County Roads -- County Road Commission -- Improper Use.

It is improper for a public roadway to be used as a public beach and parking lot, but the regulation of such activity is not the duty of a county road commission.

Dissent by McGregor, P.J.

5. Counties -- Highways -- County Roads -- County Road ...


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