# Myers v. Genesee County Auditor

> Michigan Supreme Court · March 1, 1965 · 375 Mich. 1

URL: https://www.frixlaw.com/law-library/cases/9728120

## Case

- **Full name:** Myers v. Genesee County Auditor
- **Court:** Michigan Supreme Court
- **Decided:** March 1, 1965
- **Citations:** 375 Mich. 1; 133 N.W.2d 190; 1965 Mich. LEXIS 239
- **Precedential status:** Published
- **Opinion:** Concurrence by Souris
- **Judges:** Kavanagh, O'Hara, Brack, Souris, Kelly, Dethmers, Smith
- **Cited by:** 68 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9728120

## How later opinions describe it (automated extraction)

- holding no governmental immunity for county

## Opinion text

Souris, J.
{concurring). I concur in Mr. Justice O’Hara’s decision, the result of which is to overrule Lewis v. Genesee County (1963), 370 Mich 110 .
Mr. Justice O’Hara writes currently to abrogate the doctrine of governmental immunity as applicable to villages, townships, and cities, at least for the interim until the effective date on July 1, 1965, of PA 1964, No 170. In my view, however, the doctrine of governmental immunity already has been abrogated as to municipal corporations — as defined in Bacon v. Kent-Ottawa Metropolitan Water Authority (1958), 354 Mich 159 , to include incorporated villages, fourth-class cities, special charter cities, home-rule cities, charter townships, and school districts — by this Court in our decisions in Williams v. City of Detroit (1961), 364 Mich 231 , and McDowell v. State Highway Commissioner (1961), 365 Mich 268 . *
While I join in the result reached by Justice O’Hara, I cannot subscribe his opinion because of the different views we take of the recent decisions of this Court herein cited.
*13 Adams, J., concurred with Souris, J.
Perhaps, however, Sayers v. School District No. 1 (1962), 366 Mich 217 , suggests that McDowell’s definition — by reference to Bacon —of municipal corporations is subject to contemporary judicial refinement, for in Sayers our majority held that a school district continued to enjoy its tort immunity notwithstanding its inclusion in the definition of municipal corporations announced but months before in McDowell . Unfortunately, the point was not considered in Sayers .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9728120. Public record. Not legal advice.