Legal Opinion · Concurring in part, dissenting in part

Capitol Properties Group, LLC v. 1247 Center Street, LLC

Michigan Court of Appeals

Decided April 16, 2009No. Docket 281112Published

1Concurring in part, dissenting in partM. J. Kelly, J.

Although I do not join in the majority’s reasoning, I agree with its conclusion that the trial court properly granted summary disposition of plaintiff Capitol Froperties Group, LLC’s (Capitol), complaint to the extent that it stated claims based on an ordinance violation and public nuisance. However, because I conclude that Capitol established a question of fact regarding whether defendants’ operation of the club at issue substantially and unreasonably interfered with Capitol’s use and *438enjoyment of its property, I must respectfully dissent from the majority’s decision to affirm the dismissal…

2Cases cited8 opinions

  1. Skinner v. Square D Co.Michigan Supreme Court · 1994
  2. Adkins v. Thomas Solvent Co.Michigan Supreme Court · 1992
  3. Warren Township School District No. 7 v. City of DetroitMichigan Supreme Court · 1944
  4. Smith v. Western Wayne County Conservation Ass'nMichigan Supreme Court · 1968
  5. Waier v. Peerless Oil Co.Michigan Supreme Court · 1933

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