Fifth District Court for the County of Berrien; Docket No.78C01241-H; Unpublished
Judge John T. Hammond; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3135]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a lengthy written Opinion rendered in consolidated cases, Judge Hammond held that §3135 of the Michigan No-Fault Law, to the extent it purports to abolish tort liability for damage or destruction of property (including motor vehicles), is unconstitutional on the grounds that it violates the Michigan and United States Constitutional provision ". . . .nor shall private property be taken for public use without just compensation."
Judge Hammond wrote, "If there are no alternative remedies available, to completely immunize a tortfeasor is to put the governmental cloak of protection about the tortfeasor. This amounts to governmental action and since, as described in Shavers, proponents of the No-Fault Act claim a 'public purpose’ for the Act, the taking of lawfully possessed private property, which is not contraband, for a public purpose, may be permissible but only if the victim's constitutional rights to fair compensation are protected. The present Michigan no-fault scheme makes no pretense of protecting these rights."
