Law of trespass in Michigan does not cover airborne particulate, noise, or vibrations.
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.
Does the law of trespass in Michigan recognize a cause of action in trespass stemming from invasions of these intangible agents?
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.