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WILLETT v. WATERFORD CHARTER TWP.

Docket No. 265264.

718 N.W.2d 386 (2006)

271 Mich. App. 38

Robert WILLETT, Plaintiff-Appellant, and Jackie Da Pra and Alisa Weaver, Plaintiffs, v. WATERFORD CHARTER TOWNSHIP, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 2, 2006, at 9:10 a.m.

Released for Publication July 25, 2006.

Attorney(s) appearing for the Case

Schwartz Law Firm, P.C. (by Jonathan D. Sweik), Farmington Hills, for Robert Willett.

Cummings, McClorey, Davis & Acho, P.L.C. (by T. Joseph Seward and Karen M. Daley), Livonia, for Waterford Charter Township.

Before: DONOFRIO, P.J., and MURPHY and KELLY, JJ.

DONOFRIO, P.J.

Plaintiff,1 Robert Willett, appeals as of right an order granting summary disposition in favor of defendant, Waterford Charter Township, in this action arising out of sewage backups into plaintiff's home. On appeal, plaintiff argues that the trial court erred by (1) considering evidence, instead of the pleadings alone, in granting summary disposition under MCR 2.116(C)(8), (2) determining that defendant was entitled to governmental...

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