
    KAMEN v DEPARTMENT OF STATE HIGHWAYS (KAMEN v STATE HIGHWAY COMMISSION) (KAMEN v MICHIGAN)
    Docket No. 55671.
    Argued October 6, 1977
    (Calendar No. 2).
    Decided November 28, 1977.
    Geneva M. Kamen and Herman Kamen, her husband, brought an action against the State Highway Commission and the state for damages arising when Geneva Kamen was injured while walking on a pedestrian walkway near the intersection of Five Mile Road and Telegraph Road in Wayne County, where the Department of State Highways was engaged in road repair and construction work. The Court of Claims, James J. Kelley, Jr., J., granted judgment for the defendants on the ground that the pedestrian walkway is not an "improved portion of the highway designed for vehicular travel” for which the state is liable within the terms of the governmental tort liability act. The Court of Appeals, Bronson, P. J., and Quinn and Van Valkenburg, JJ., affirmed per curiam (Docket No. 17291). Plaintiffs appeal. Held:
    
    Leave to appeal was granted to consider a question under the governmental tort liability act. However, when the case was presented to the Court, the central issue concerned a procedural matter.
    Therefore, the order granting leave to appeal is vacated as improvidently granted.
    
      Fieger, Golden & Cousens for plaintiffs.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Myron A. McMillan, Assistants Attorney General, for defendants.
   Per Curiam.

Leave to appeal was granted to consider a question under the governmental liability act., However, when the case was presented to the Court, the central issue concerned a procedural matter.

We therefore believe leave to appeal was improvidently granted. The order of February 14, 1977 reported at 399 Mich 836 is vacated and leave to appeal is denied.

Kavanagh, C. J., and Williams, Levin, Coleman, Fitzgerald, Ryan, and Blair Moody, Jr., JJ., concurred.  