Claim against Lenawee County Road Commission arising out of property flooding is reinstated
Leonard and Sharon Gust sued the Road Commission, arguing that the Commission's failure to maintain a culvert and drain caused their property to flood. The lower court and the Court of Appeals both held that the Gusts had properly alleged an illegal taking of their property by reason of the Commission's failure to maintain the culvert and drain. The Court of Appeals explained that the Gusts had properly alleged a nuisance condition affirmatively created by the Road Commission when it changed the elevation of the road crossing the Plaintiff's property.The Court did dismiss the Gust's trespass and gross negligence claims. It noted that the Michigan Supreme Court has determined that no exception from immunity has been drafted by the Legislature with regard to trespass-nuisance and that the claims alleged by the Gusts also did not fall within existing "negligence" exceptions to governmental immunity.