ADKINS v. THOMAS SOLVENT CO.

Docket No. 88897, (Calendar No. 13).

440 Mich. 293 (1992)

487 N.W.2d 715

ADKINS v. THOMAS SOLVENT COMPANY

Supreme Court of Michigan.

Decided July 28, 1992.


Attorney(s) appearing for the Case

James B. Brown & Associates (by James B. Brown), Allen, Lippes & Shonn (by Richard J. Lippes, pro hac vice), and Cohen, Milstein, Hausfeld & Toll (by Jerry S. Cohen) for the plaintiffs.

Foster, Swift, Collins & Smith, P.C. (by John L. Collins, Charles E. Barbieri, Michael S. Wellman), for the defendants.

Amici Curiae:

McGinty, Brown, Jakubiak, Frankland, Hitch & Henderson (by Kenneth P. Frankland); Wiley, Rein & Fielding, of counsel (by Thomas W. Brunner, Laura A. Foggan, and Francis M. Gaffney), for American Insurance Association.

Braun, Kendrick, Finkbeiner, Schafer & Murphy (by Bruce L. Dalrymple and Scott C. Strattard) for Michigan Defense Trial Council.

Clark, Klein & Beaumont (by Dwight H. Vincent, Susan J. Sadler, Rachelle G. Silberberg, and Daniel J. Kim) for Michigan Manufacturers Association.

Diane J. Britt and Jonathan Pierce for Sierra Club Mackinac Chapter.


BOYLE, J.

The question before us is whether a claim for relief may be maintained by plaintiffs who claim the right to damages in nuisance for property depreciation caused by environmental contamination of ground water despite testimony by both plaintiffs' and defendants' experts that their properties were not and would never be subject to ground water contamination emanating from the defendants' property.

The trial court dismissed these plaintiffs' claims...

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