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One Court of Justice Blog

August 23, 2017

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

The case of Genesee Cnty. Drain Comm'r v. Genesee County, No. 331023 has reached the Court of Appeals for the second time.  Our description of the facts of the case and the Court's initial holding regarding governmental immunity can be found here.  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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