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The case of <a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20170822_C331023_38_331023.OPN.PDF" target="_blank" rel="noopener"><em>Genesee Cnty. Drain Comm&#39;r v. Genesee County</em>, No. 331023</a> has reached the Court of Appeals for the second time.  Our description of the facts of the case and the Court&#39;s initial holding regarding governmental immunity can be found <a href="http://www.wnj.com/Blogs/Appellate/March-2015/COA-determines-that-there-is-no-intentional-tort-e" target="_blank" rel="noopener">here</a>.  This time, the case returns to the Court on another discreet question regarding the scope of governmental immunity:  is a claim for unjust enrichment a claim alleging tort liability that is barred by the GTLA?  The Court concluded that it was not a tort claim, and thus not barred.  Specifically, the Court reasoned that a claim for unjust enrichment was based on an equitable doctrine to impose contract liability, and not tort liability.  

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COA:  Unjust Enrichment claim is not barred by governmental tort immunity

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COA: Unjust Enrichment claim is not barred by governmental tort immunity

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