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Source of sewage backup in home disputed 

Jury apportioned 45 percent liability against defendant The post Source of sewage backup in home disputed first appeared on Michigan Lawyers Weekly.

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Real Property — Driveway – Nuisance – Trespass 

Where a judge denied the defendants’ motion for summary disposition of the plaintiffs’ claims for breach of an easement agreement, trespass, nuisance and assault and battery, the defendants were...

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Claim for flood that killed trees should have been allowed 

Property owners should have been allowed to add claims of trespass and nuisance to their suit against a neighbor they alleged flooded their property and killed dozens of trees with a paving project, a...

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No view for you: ‘Spite fence’ OK 

Building a barrier on the common border you share with a neighbor after your relationship has gone bust? That won’t help mend fences, as a dispute from Macomb County illustrates. The post No view for...

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Real Property — Nuisance – Easement 

Where plaintiff landowners filed a complaint alleging that the defendants failed to repair and maintain a seawall, it was error to a grant the defendants summary disposition, as the trial court erred...

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Premises Liability – Construction barricade – Nuisance 

Where a negligence complaint was filed by a plaintiff pedestrian who tripped over the leg of a construction barricade that protruded onto a public sidewalk, the defendant should have been granted...

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Real Property — Nuisance – Laches 

Where a plaintiff filed a nuisance complaint over the construction of a new building on Little Traverse Bay, a judgment dismissing the complaint should be affirmed because the trial court correctly...

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Real Property — Nuisance – Airport 

Where a judge found that trees on a plaintiff’s property were a public nuisance that had to be abated because, under federal regulations, thy encroached into an airport’s approach protection area, a...

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Nuisance, trespass claims against hospital helipad untimely

A woman’s claims of trespass and nuisance over a neighboring hospital’s use of its helipad were untimely, a Michigan Court of Appeals panel has held, affirming the trial court’s grant of summary...

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