Dutton Partners, LLC v. CMS Energy Corp.

CMS Energy Corporation, defendant, appeals by leave granted the trial court’s opinion and order denying its motion for summary disposition.1 We reverse and remand.

I. BASIC FACTS AND PROCEDURE

Elaintiff, Dutton Fartners, LLC, owns a 177-acre development, known as “Stonegate Ravines,” located in Orion Township, Michigan. An easement across the property contains an underground pipeline, which is *637used for the transportation and distribution of natural gas. On May 1, 2005, part of the pipeline ruptured and allegedly exploded, or at least caused natural gas to be released into the atmosphere. At the…