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SCHAENDORF v. CONSUMERS ENERGY CO.

Docket No. 269661.

739 N.W.2d 402 (2007)

275 Mich. App. 507

John SCHAENDORF and Connie Schaendorf, Plaintiffs-Appellees, v. CONSUMERS ENERGY COMPANY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 6, 2007.

Approved for Publication May 15, 2007, at 9:05 a.m.

Released for Publication September 12, 2007.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by James B. Dozema and John W. Inhulsen), Grand Rapids, for the plaintiffs.

Warner Norcross & Judd L.L.P. (by Rodrick W. Lewis, John J. Burch, and Jason L. Byrne), Grand Rapids, for the defendant.

Willingham & Coté, P.C. (by John A. Yeager and Leon J. Letter), East Lansing, for amicus curiae Michigan Farm Bureau.

Before: FORT HOOD, P.J., and SMOLENSKI and MURRAY, JJ.

SMOLENSKI, J.

Plaintiffs, who own and operate a dairy farm in Allegan County, sued defendant for negligence, nuisance, and trespass relating to injuries to their dairy herd and property allegedly caused by stray voltage. Defendant moved for summary disposition of all three claims. The trial court granted defendant's motion with respect to the claim for trespass, but denied the motion with respect to the claims for nuisance and negligence. This Court granted defendant...

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