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HADFIELD v. OAKLAND CTY. DRAIN COMM'R

Docket Nos. 75494, 76815, 77011, 78233, (Calendar Nos. 2-5).

430 Mich. 139 (1988)

422 N.W.2d 205

HADFIELD v. OAKLAND COUNTY DRAIN COMMISSIONER VEENEMAN v. MICHIGAN LANDRY v. DETROIT McCAUL v. VILLAGE OF LAKE ODESSA

Supreme Court of Michigan.

Decided March 29, 1988.

Attorney(s) appearing for the Case

Gualtieri & Hyde, P.C. (by Roger Q. Hyde), and Turner & Turner, P.C. (by Donald A. Turner), for plaintiffs Hadfield.

Napieralski, Walsh & Velzen, P.C. (by Randall L. Velzen), for plaintiff Veeneman.

Paul D. Sherr, P.C., for plaintiffs Landry.

Rhoades, McKee & Boer (by Michael W. Betz) for plaintiffs McCaul.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by William P. Hampton and Lanie Anderson) for the defendants in Hadfield.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Thomas L. Casey, Assistant Solicitor General, and A. Michael Leffler and Clive D. Gemmill, Assistant Attorneys General, for the defendant in Veeneman.

Donald Pailen, Corporation Counsel, and William L. Woodard and Dennis A. Mazurek, Assistant Corporation Counsel, for the defendants in Landry.

Foster, Swift, Collins & Coey, P.C. (by James D. Adkins and T. Neil Bemenderfer), for the defendants in McCaul.

Amici Curiae:

Stanton, Bullen, Nelson, Moilanen & Klaasen, P.C. (by Charles A. Nelson), for the City of Jackson.

Mogill, Posner, Cohen & Weiss (by Marjory B. Cohen) for Michigan Trial Lawyers Association.

BRICKLEY, J.

These four consolidated cases present the issue whether a nuisance exception to governmental immunity remains viable after this Court's decision in Ross v Consumers Power Co (On Rehearing), 420 Mich. 567; 363 N.W.2d 641 (1984), and, if so, in what form. Consideration of this question necessitates review of two pre-Ross decisions in which this Court was divided over the...

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