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Trespass, Nuisance and Other Tortious Interference with a Private Property Owner’s Rights

Property, Fire and Casualty / September 3, 2008

Court/Case No:  Livingston County Circuit Court/07-22962-CE

Tried/Argued Before: Judge

Demand: Equitable Relief and Non-specified Money Damages

Verdict: Summary Disposition - Dismissed

Name of Judge(s): Stanley Latreille

Keys to the Case:

In a claim alleging trespass, nuisance, and other tortious interference with a private property owner’s rights, and which also included claims of personal injury, real property damage, and personal property damage due to the actions of an adjoining property owner, summary disposition has been granted to Secrest Wardle’s client.  Plaintiff contended that the actions of the defendants, in conducting burning on their property, and incinerating waste (as otherwise permitted as a matter of law) caused damage.  Secrest Wardle successfully argued in support of summary disposition dismissing the entirety of plaintiff’s multi-Count Complaint while simultaneously prevailing against plaintiff’s efforts to seek leave to amend to add new and different theories of liability.  In the same matter, Secrest Wardle successfully precluded plaintiff from obtaining injunctive relief, through plaintiff’s efforts to obtain a preliminary injunction to preclude the defendants from burning on their property, as otherwise permitted by local ordinance.

Defense SW attorney(s) Involved in Case:


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