Court holds that Trustee-owned Duncan Park is not protected by governmental immunity

The Estate of Chance Aaron Nash sued the Duncan Park Commission after 11-year old Nash was killed in a sledding accident.  The Park's insurer argued that it was entitled to governmental immunity because the three Trustees who own and manage the Park are appointed by the City of Grand Haven.  After thoroughly reviewing the facts of the creation of the Park and its legal status, the Court concluded that simply appointing replacement Trustees to the landowning trust through the City, did not confer governmental status on the Park or the Trust.