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BOYLAN v. FIFTY EIGHT LLC

Docket No. 291141.

808 N.W.2d 277 (2010)

289 Mich. App. 709

BOYLAN v. FIFTY EIGHT LIMITED LIABILITY COMPANY.

Court of Appeals of Michigan.

Decided September 7, 2010, at 9:10 a.m.

Attorney(s) appearing for the Case

Pierce, Duke, Farrell & Tafelski, PLC, Bloomfield Hills (by Mark C. Pierce ), for Fifty Eight Limited Liability Company.

Berry, Johnston, Sztykiel & Hunt, P.C., Troy (by James F. Hunt and W. James Fitzgibbons ), for Pamar Enterprises, Inc.

Before: GLEICHER, P.J., and ZAHRA and K.F. KELLY, JJ.

PER CURIAM.

In early 2007, flooding and sewage backup damaged a residence owned by Fifty Eight Limited Liability Company (Fifty Eight). An investigation revealed that surface water pooling in the home's front yard had incapacitated the septic system. Fifty Eight concluded that during the construction of a water main for Lyon Township, Pamar Enterprises, Inc., had eliminated a swale protecting the home from surface-water runoff. We must now decide whether Pamar owed...

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