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SUNRISE RESORT v. CHEBOYGAN CTY. ROAD

No. 163949.

999 N.W.2d 423 (2023)

511 Mich. 325

SUNRISE RESORT ASSOCIATION, INC., Gregory P. Somers, Melissa L. Somers, and Karl Berakovich, Plaintiffs-Appellees, v. CHEBOYGAN COUNTY ROAD COMMISSION, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 24, 2023.

Attorney(s) appearing for the Case

Harris Law, PC, Petoskey (by Jennifer J. Schafer ) for plaintiffs.

Henn Lesperance PLC (by William L. Henn , Benjamin M. Dost , and Andrea S. Nester ) for defendant.

Fahey Schultz Burzych Rhodes PLC, Okemos (by Stacy L. Hissong and Stephen J. Rhodes) for Michigan Association of County Drain Commissioners, Michigan Townships Association, and Michigan Association of Counties, amici curiae.

BEFORE THE ENTIRE BENCH.

OPINION

The plaintiffs brought this action after the defendant modified a storm water drainage system, allegedly causing flooding onto their property. The plaintiffs raised two distinct claims that remain at issue on appeal: a claim under the sewage-disposal-system-event (SDSE) exception to governmental immunity under the...

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