LLOYD and DONNA KERNEN, Plaintiffs-Appellants/Cross-Appellees, v HOMESTEAD DEVELOPMENT COMPANY, Defendant-Appellee/Cross-Appellant., 232 Mich. App. 503

Summary

The developer obtained a permit to discharge treated sewage from its planned manufactured-home community into a wetland on its property. The landowners sought an injunction against the planned discharge, which would flow from the developer's wetland into the landowners' wetland, and alleged that the discharge would constitute a trespass, a nuisance, and violate state environmental law. On the parties' cross-motions for summary disposition, the trial court affirmed the issuance of the permit and ruled against the landowners' nuisance and environmental claims, but granted summary disposition and nominal damages to the landowners on the trespass issue. Both parties appealed. On the trespass claim, the court held that because the trespass alleged was merely anticipatory that there was not yet a cause of action on which summary judgment or damages could be granted. On the portion of the judgment denying injunctive relief, the court found that the landowners failed to present evidence that ...