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BLUE HARVEST, INC. v. DEPARTMENT OF TRANSP.

Docket No. 281595.

792 N.W.2d 798 (2010)

288 Mich. App. 267

BLUE HARVEST, INC. v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Michigan.

Decided April 29, 2010, at 9:00 a.m.

Attorney(s) appearing for the Case

Varnum, Riddering, Schmidt & Howlett LLP (by Stephen P. Afendoulis and Beverly Holaday , Grand Rapids) for plaintiffs.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and Patrick F. Isom , Assistant Attorney General, for the Department of Transportation.

Smith Haughey Rice & Roegge, Grand Rapids , (by Jon D. Vander Ploeg and Charles F. Behler ) for the Ottawa County Road Commission.

Before: METER, P.J., and MURRAY and BECKERING, JJ.

METER, P.J.

Defendant Department of Transportation (DOT) appeals as of right from an order denying its motion for summary disposition on grounds of governmental immunity regarding plaintiffs' trespass-nuisance claim. Plaintiffs cross-appeal to challenge the grant of summary disposition to both defendants on plaintiffs' inverse-condemnation claim. We reverse the trial court's order relating to the trespass-nuisance claim but affirm in all other respects. Of particular...

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