The Michigan Court of Appeals has found the city of South Haven is protected by governmental immunity in a lawsuit over the drowning death of an 18-year-old in 2020.

The court this week overturned a lower court’s ruling finding the city lacks immunity in the case because it operates South Beach for a profit. The family of Brandon Chambers sued the city following his death, arguing that the city collects money from beach parking but comingles those dollars with other city funds. Therefore, it said the beach is for-profit.

However, the appeals court has found that because the city uses funds generated by the beach specifically for operating the beach, and all funds generated by the beach stay in the beach fund, the beach is not a for-profit service.

The appeals court has ordered the case dismissed, shielding the city from liability.