Court refuses to grant summary disposition to City of Lansing after sewer back-up

The Court of Appeals ruled this week that the City of Lansing was over-reaching in arguing that the Court should summarily dispose of four homeowner's sewer back-up damage claims.  The City argued that the two couples involved had not presented enough evidence of negligence by the City to make it responsible for the extensive sewer damage to their homes.  The trial judge had rejected this argument, but the City appealed to the higher court which unanimously agreed with the trial judge.

Pointing to various pieces of evidence suggesting that the City did not meet its statutory duty of care and that there was a "defect" in the system that was "a substantial cause of the [back-up] event, the Court affirmed the trial judge's decision.  The City will be forced to defend its actions at a jury trial.