Homeowner Sherilyn Hart endured nearly six years of persistent runoff that saturated her yard, destroyed utility appliances, and forced her house to be elevated so a collapsed basement wall could be replaced. Hart and her husband sought administrative help and installed temporary fixes before suing the company for trespass and nuisance in 2022. North Waverly LLC eventually modified its drainage pipes and rebuilt a retaining wall between 2021 and 2023 following local code violations. The Michigan Court of Appeals maintained the firm's liability while adjusting the final payout to $102,000 based on revised repair estimates.
Key points
Commercial entities face substantial liability when unmitigated runoff alterations cause…: Commercial entities face substantial liability when unmitigated runoff alterations cause ongoing nuisance and trespass damage to neighboring properties.
The appellate decision confirms that courts will strictly review and recalculate repair d…: The appellate decision confirms that courts will strictly review and recalculate repair damages to align precisely with verified property estimates.
Code enforcement citations prompted the business to rebuild its retaining wall and reconf…: Code enforcement citations prompted the business to rebuild its retaining wall and reconfigure discharge pipes, successfully reducing runoff into the residential yard.
Sources checked by our analysis pipeline: 1
The Michigan Court of Appeals has reduced damages awarded to a homeowner to $102,000 after a neighbouring business's drainage changes sent excess rainwater onto her property, causing repeated basement flooding and damage to her house and garage. In a ruling issued Thursday, the court upheld the business's liability but revised the earlier $170,000 award after correcting the calculation of repair costs. The dispute involved homeowner Sherilyn Hart and North Waverly LLC, which owned the commercial property next to her home.
According to the
judgment, Hart and her husband, Anthony McCarty, bought the residential property in 2013. They planned to renovate it and rent it out, while living in their primary home next door. North Waverly LLC bought the commercial property immediately south of their house in 2015.
The couple said they had not experienced excess water or flooding before May 2016. The problem began after the business changed its drainage system and connected its downspouts to two long, uncapped plastic pipes. One pipe discharged water directly onto Hart's property, while the other released water below ground near the boundary between…
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