Continental Paper & Supply Co. v. City of Detroit

I agree with the majority that plaintiffs established both the condition and cause elements of a trespass-nuisance action. I disagree, however, with the majority’s conclusion “that the city neither owned nor controlled the buildings and therefore cannot be held hable under the trespass-nuisance exception to governmental immunity.”1 I believe that, given the facts in this case, once the city completed all the necessary steps to undertake demolition of the property, the jury could reasonably find that the city possessed sufficient control over the property for liability to attach under the…