PER CURIAM.
In this suit to recover for personal injuries allegedly caused by the failure to properly maintain a public trail, plaintiffs, Beverly and Daniel Duffy (collectively the Duffys), appeal as of right the trial court's order granting summary disposition in favor of defendant Irons Area Tourist Association. On appeal, we must determine whether the trial court erred when it determined that the Tourist Association was protected from liability under Part 733 of the Natural Resources and Environmental Protection Act, see MCL 324.73301, which is commonly referred to as the recreational land use act. Because we conclude that the trial court erred when it relied on that act in dismissing the Duffys' claim against the Tourist Association, we vacate and remand.
In September 2007, Beverly Duffy drove an all-terrain vehicle on a portion of the Little Manistee Trail located on state land. After she crossed over some partially buried wooden boards on the trail, she lost control of her vehicle and crashed. She suffered serious spinal cord injuries and paralysis. The Duffys eventually sued the Tourist Association and defendant Cycle Conservation Club of Michigan. Specifically, they alleged that the state of Michigan had contracted with the Tourist Association and the Conservation Club to grade
In lieu of an answer, the Tourist Association moved for summary disposition under MCR 2.116(C)(8) and (10). It argued that it was entitled to summary disposition because its maintenance of the trail fell under the recreational land use act, which limited liability to situations involving gross negligence. The Tourist Association asserted that it was entitled to have the Duffys' claim dismissed because the Duffys had not properly alleged that the Tourist Association's maintenance of the trail was grossly negligent and, in any event, could not prove gross negligence. The trial court agreed and, on February 8, 2012, it issued an opinion stating that it was granting the Tourist Association's motion.
On February 14, 2012, the trial court entered a stipulated order to dismiss the Duffys' claim against the Conservation Club. After the Conservation Club's dismissal, the Duffys appealed and this Court assigned Docket No. 309003 to the appeal. However, the trial court had not yet entered an order dismissing the Duffys' claim against the Tourist Association; it did not enter such an order until June 6, 2012. The Duffys appealed that order as well and this Court assigned Docket No. 311023 to that appeal. This Court then consolidated the appeals.
The Duffys first argue that the trial court erred when it determined that the Tourist Association was entitled to the protection provided under the recreational land use act. Because that act did not apply to the Tourist Association, they maintain, the trial court erred when it dismissed their claim against the Tourist Association on the basis that they failed to plead and establish that the Tourist Association's acts or omissions amounted to gross negligence. This Court reviews de novo a trial court's decision on a motion for summary disposition. Barnard Mfg. Co., Inc. v. Gates Performance Engineering, Inc., 285 Mich.App. 362, 369, 775 N.W.2d 618 (2009). This Court also reviews de novo the proper interpretation of statutes, Neal v. Wilkes, 470 Mich. 661, 664, 685 N.W.2d 648 (2004), and agreements, Rory v. Continental Ins. Co., 473 Mich. 457, 464, 703 N.W.2d 23 (2005).
In 1995, the Legislature enacted the recreational land use act. See 1995 PA 58. The recreational land use act modified the common law applicable to torts involving injuries that a person sustained while on "the land of another" for recreational purposes:
By repeatedly referring to the owner, tenant, or lessee of the land on which the person is injured, the Legislature plainly intended to limit the scope of the protection provided under MCL
Relying on Kruse v. Iron Range Snowmobile Club, 890 F.Supp. 681, 684-685 (W.D.Mich., 1995), the trial court determined that the recreational land use act should be extended to protect the Tourist Association. In Kruse, the court determined that the recreational land use act applied to an entity that contractually agreed to groom trails even though the entity did not own or lease the land at issue. Id. at 685. The court concluded that it would be appropriate to apply the act to the entity because it had been given the right to exercise "substantial ongoing control upon the land" and because extending the act would further the Legislature's purpose in enacting the act. Id. ("To deny the Snowmobile Club the Act's immunity simply because it does not appear to be an owner, tenant or lessee under traditional notions would be to exalt the importance of the defendant's relationship to the land in a manner disfavored by the Michigan courts."). But our Supreme Court has disavowed this type of "legislative decision-making" by the courts when interpreting the recreational land use act. Neal, 470 Mich. at 667, 685 N.W.2d 648. Instead, our Supreme Court has held that the recreational land use act should be enforced as written and not given a judicial gloss designed to promote what the court believes to be the Legislature's policy goal in enacting the statute. Id. at 665-667, 685 N.W.2d 648, overruling Wymer v. Holmes, 429 Mich. 66, 412 N.W.2d 213 (1987).
The court in Kruse also relied on Wilson v. Thomas L. McNamara, Inc., 173 Mich.App. 372,
Here, the undisputed evidence showed that the Tourist Association entered into a "grant agreement" with the Department of Natural Resources. Under the terms of that agreement, the Tourist Association agreed to make certain improvements to the trail at issue in exchange for grant disbursements from the Department. There is no evidence, however, that the Department transferred an ownership interest in, or exclusive possession and control over, the land at issue to the Tourist Association; therefore, the Tourist Association was not an owner, tenant, or lessee. Merritt, 407 Mich. at 552, 287 N.W.2d 178; Quinlivan, 395 Mich. at 269, 235 N.W.2d 732; Ann Arbor Tenants Union, 229 Mich. App. at 443-444, 581 N.W.2d 794. Because the undisputed evidence showed that the Tourist Association was not the owner, tenant, or lessee of the land upon which Beverly Duffy was injured, the trial court erred when it extended the scope of the recreational land use act to protect the Tourist Association and dismissed the Duffys' claim against it on that basis. MCL 324.73301.
The Tourist Association was not an owner, tenant, or lessee of the land; as such, the recreational land use act did not apply to the Tourist Association and the trial court erred when it concluded otherwise. Because the Duffys did not have to plead and prove that Beverly Duffy's injuries arose from the Tourist Association's gross negligence or willful and wanton misconduct, the trial court erred when it granted the Tourist Association's motion for summary disposition on the ground that the Duffys failed to plead or present evidence to establish gross negligence. For these reasons, we vacate its opinion and order granting summary disposition in favor of the Tourist Association and remand for further proceedings consistent with this opinion. Given our resolution of this issue, we decline to consider the Duffys' remaining claims of error.
Vacated and remanded for further proceedings. We do not retain jurisdiction.
M.J. KELLY, P.J., and CAVANAGH and MURRAY, JJ., concurred.