FOX v. OGEMAW CTY.

Docket No. 156257.

208 Mich. App. 697 (1995)

528 N.W.2d 210

FOX v. OGEMAW COUNTY

Michigan Court of Appeals.

Decided February 21, 1995, at 9:45 A.M.


Attorney(s) appearing for the Case

Jensen, Smith & Gilbert, P.C. (by Jill K. Smith), for the plaintiff.

Richard L. Alger, Jr., for the defendants.

Before: MacKENZIE, P.J., and GRIFFIN and M.J. TALBOT, JJ.


MacKENZIE, P.J.

Defendants appeal as of right from a judgment that found them liable to plaintiff Mary K. Fox (hereinafter plaintiff) in the amount of $36,950 for creating a nuisance. We reverse.

In order to establish a claim that falls within the nuisance exception to governmental immunity, plaintiff had to prove the existence of a trespass-nuisance or (although a majority of the Supreme Court has yet to decide the question) a nuisance per se. Hadfield...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases