BOSANIC v. MOTZ DEVELOPMENT, INC.

Docket No. 271765.

745 N.W.2d 513 (2007)

277 Mich. App. 277

Peter S. BOSANIC, Jr., Lisa Kendziorski-Bosanic, Frankie K. Bosanic and Riley K. Bosanic by their next friend Peter S. Bosanic, Jr., Mark Norcross, Michael and Marlene Strampel, Robert and Julie Gilbreath, Heidi Hunter, Dirk Frazier, Robert and Shelly Marshall, III, Mark A. and Dana M. Kromer, Matthew and Cynthia Nixon, Steven and Mary Clisch, Daniel L. and Kari K. Roy, and Lucas Roy, by his next friend Kari K. Roy, Plaintiffs-Appellees v. MOTZ DEVELOPMENT, INC. d/b/a/ Motz Homes, and Thomas. C. Motz, Defendants/Cross-Defendants/Third-Party-Plaintiffs-Appellees, and Motz Realty Co., Defendant, and The Clinton County Drain Commissioner, and The Prairie Creek-Gunderman Lake Drain Drainage District, Defendants/Cross-Plaintiffs/Third-Party Plaintiffs-Appellants, and Clinton County Road Commission, Third-Party Defendant-Appellee, and Stephen-Keyes & Associates, Inc., Third-Party Defendant/Third-Party Plaintiff, and Ronald L. Enger, P.E., Third-Party Defendant.

Court of Appeals of Michigan.

Decided December 4, 2007, at 9:00 a.m.

Released for Publication February 28, 2008.


Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by David K. Otis and Peter D. Cronk), East Lansing (Bendure & Thomas by Mark R. Bendure, of counsel), Detroit, for the plaintiffs.

Cardelli, Lanfear & Buikema, P.C. (by Anthony F. Caffrey III), Grand Rapids, for Motz Development, Inc.

Hubbard, Fox, Thomas, White & Bengtson, P.C. (by Michael G. Woodworth, Stacy L. Hissong, and Mark T. Koerner), Lansing, for the Clinton County Drain Commissioner and the Prairie Creek-Gunderman Lake Drain Drainage District.

Before: OWENS, P.J., and BANDSTRA and DAVIS, JJ.


BANDSTRA, J.

Plaintiffs seek compensation from defendant Clinton. County drain commissioner1 because of flooding that damaged their homes following an extraordinarily severe rainfall in May 2004. They primarily claim that the drain system in their subdivision was seriously undersized and that this resulted chiefly from a failure, during the design process in the late 1990s, to appropriately measure the acreage near the subdivision from...

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