Skip to main content

One Court of Justice Blog

January 29, 2018

MSC: When is a governmental entity liable under an inverse condemnation theory?

Is a governmental entity liable under an inverse condemation theory for damage caused to a house during the demolition of a home on abutting property?  The Michigan Supreme Court has granted mini-oral argument to consider this question in Jones Family Trust v Saginaw County Land Authority, No. 155863.  The trial court and Court of Appeals both answered this question in the negative, concluding that summary disposition in favor of the Saginaw County Land Bank Authority ("SCLBA") was appropriate because there was no evidence in the record supporting the conclusion that the SCLBA had performed “affirmative actions directly aimed at the plaintiff’s property."  In addition to this question, the MSC will also consider whether depreciation is an element of damages to be proved by a plaintiff instead of an affirmative defense to be proved by a defendant as well as whether the appropriate measure of damages, regardless of the theory pled to support recovery of those damages, is the cost of repair. 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset