SOUTH HAVEN, Mich. -- The Michigan Court of Appeals ruled South Haven is immune from tort liability if an injury or death happens during a government function, in this case the operation of the beach, unless they are profiting from it.

This comes after the family of Brandon Chambers sued South Haven following his 2020 drowning.

Judges found that beach funds were used primarily to operate the beach and were not generating a profit.

This decision overturns the trial court's ruling and grants South Haven's motion to dismiss the case.

The appeals court says the trial court erred in its decision, because the plaintiff presented no evidence that beach funds were used for non-beach purposes.