Adams v. Cleveland-Cliffs Iron Co.

237 Mich. App. 51, 602 N.W.2d 215 (1999)

 

RULE:

Law of trespass in Michigan does not cover airborne particulate, noise, or vibrations.

FACTS:

Appellants, who lived near a large iron mine, sought review from a judgment entered by the circuit court after a jury verdict awarded damages in trespass for invasions of plaintiffs' property by intrusions of dust, noise, and vibrations that emanated from the mine.

ISSUE:

Does the law of trespass in Michigan recognize a cause of action in trespass stemming from invasions of these intangible agents?

ANSWER:

No.

CONCLUSION:

Recovery for trespass to land in Michigan is available only upon proof of an unauthorized direct or immediate intrusion of a physical, tangible object onto land over which the plaintiff has a right of exclusive possession. Once such an intrusion is proved, the tort has been established, and the plaintiff is presumptively entitled to at least nominal damages.

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