McCracken v. Redford Township

Plaintiffs appeal as of right from a Wayne Circuit Court order of August 10, 1987, granting defendant’s motion for summary disposition on the basis that there was no genuine issue of material fact as to whether defendant’s construction and maintenance of its water system constituted an intentional nuisance. We affirm.

During the summer of 1982, plaintiffs and their children moved into their Bedford Township home. On July 6, 1982, while Jimmie Lee McCracken was mowing his lawn, the ground between the sidewalk and curb collapsed underneath his feet and he fell into a water-filled hole, up to his…