[Download] "Glen Ray Hadfield and Jane P. Hadfield v." by Supreme Court of Michigan " Book PDF Kindle ePub Free

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Title: Glen Ray Hadfield and Jane P. Hadfield v.
Author : Supreme Court of Michigan
Release Date : January 29, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 112 KB

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These four consolidated cases present the issue whether a nuisance exception to governmental immunity remains viable after
this Court's decision in Ross v Consumers Power Co (On Rehearing), 420 Mich 567; 363 NW2d 641 (1984), and, if so, in what
form. Consideration of this question necessitates review of two pre- Ross decisions in which this Court was divided over the
proper scope of the nuisance exception. See Rosario v City of Lansing, 403 Mich 124; 268 NW2d 230 (1978); Gerzeski v Dep't
of State Hwys, 403 Mich 149; 268 NW2d 525 (1978). There are also three minor issues that are resolved in the context of their
respective cases. In response to the primary question, we hold that there is a limited trespass-nuisance exception to governmental immunity.
The trespass-nuisance exception has a long history in Michigan jurisprudence, it has a strong policy basis in the Michigan
Constitution, and its continuing viability comports well with the language of the governmental tort liability act and the
Ross decision.