Takings

Court/Case No: Oakland County Circuit Court/Case No. 04-057182-CC

Tried/Argued Before: Jury

Demand: 

Verdict: $1,747,000.00

Name of Judge(s): Steven Andrews

Keys to the Case:

Plaintiff owned property on Mirror Lake, located in Orchard Lake Village, Michigan.  Defendant initiated an extensive road construction project on Pontiac Trail.  During the project, Defendant blocked the only drain pipe for Mirror Lake, causing Estate Development’s land to flood.  Estate Development repeatedly asked Defendant to clear the pipe to relieve the flood waters, but these requests were ignored.

As a result of this flood, which was directly caused by Defendant’s road construction project, the wetlands surrounding Mirror Lake significantly expanded.  Michigan law prohibits any construction within close proximity of a wetland.  Unfortunately, the wetlands expanded so significantly that Estate Development’s proposed development around Mirror Lake, which was previously approved by Orchard Lake Village, was destroyed.

Because Defendant’s road project caused flooding and an expansion of the wetland, Estate Development’s property surround Mirror Lake can no longer be developed.

Defense SW attorney(s) Involved in Case: