# Garg v. MacOmb County Community Mental Health Services

> Michigan Supreme Court · July 18, 2005 · 472 Mich. 263

URL: https://www.frixlaw.com/law-library/cases/9504286

## Case

- **Full name:** Garg v. MacOmb County Community Mental Health Services
- **Court:** Michigan Supreme Court
- **Decided:** July 18, 2005
- **Citations:** 472 Mich. 263; 696 N.W.2d 646
- **Precedential status:** Published
- **Opinion:** Dissent by Weaves
- **Judges:** Weaves, Taylor, Corrigan, Young, Markman, Kelly, Cavanagh, Weaver
- **Cited by:** 205 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled — as noted by a later court.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9504286

## How later opinions describe it (automated extraction)

- stating that “[a]wards of costs and attorney fees are recoverable only where specifically authorized by a statute, a court rule, or a recognized exception”
- holding that an ELCRA claim must be filed within three years of the date of the accrual of the cause of action pursuant to MCL 600.5805
- holding that “a person must file a claim under the Civil Rights Act within three years of the date his or her cause of action accrues.”
- holding that the statute of limitations for Elliott-Larsen Civil Rights Act claims is three years under Mich. Comp. Laws § 600.5805
- holding that continuing violations doctrine does not apply in civil rights cases

## Opinion text

WEAVES, J.
(dissenting). I agree with the reasoning and conclusions of Justice CAVANAGH’S dissenting opinion. This Court unanimously adopted the continuing violations doctrine in Sumner v Goodyear Tire & Rubber Co, 427 Mich 505 ; 398 NW2d 368 (1986). Justice BRICKLEY authored Sumner , and was joined by Justices Cavanagh, Levin, and Archer. Justice Riley, joined by Justice BOYLE, concurred in the adoption of the doctrine, but disagreed with the majority’s application of it to the facts of the case. Chief Justice WILLIAMS, in a *307 separate opinion, also concurred in the adoption of the doctrine. I am not persuaded that the adoption of the doctrine was unwarranted or that, after nineteen years, the doctrine should be abandoned.
KELLY, J., concurred with WEAVER, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9504286. Public record. Not legal advice.