Summary Dispositions September 15, 2006:

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and remand this case to that Court for plenary consideration. Defendants had a right to an appeal under MCR 7.202(6)(a)(v) and 7.203(A)(1) because the circuit court order denied governmental immunity to these defendants. Whether there were factual issues remaining was irrelevant. See Walsh v Taylor,263 Mich App 618, 625 (2004). We overrule Newton v Michigan State Police, 263 Mich App 251 (2004), to the extent that it is inconsistent with this order and Walsh.

KELLY, J. I would grant leave to appeal.