Real Property – Drain Installation – Trespass
The trial court incorrectly dismissed plaintiffs’ trespass claim against two neighbors arising from the installation of a drain that diverted water onto plaintiff’s property. Plaintiff’s inverse...
View ArticleReal Property – Trespass And Nuisance – Natural And Historic Water Flow
The trial court correctly dismissed plaintiffs’ claims based on nuisance and trespass arising from a “natural and historic” flow of water from defendants’ property to plaintiffs’ land. Facts...
View ArticleSource of sewage backup in home disputed
Jury apportioned 45 percent liability against defendant
View ArticleReal 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...
View ArticleClaim 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...
View ArticleNo 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.
View ArticleReal 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...
View ArticlePremises 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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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.
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleNuisance, 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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