Cloverleaf Car Co. v. Phillips Petroleum Co.

Plaintiffs appeal as of right from a May 24, 1993, order- of the Allegan Circuit Court granting defendant Phillips Petroleum Company’s motion for summary disposition and dismissing plaintiffs’ claims of negligence, nuisance, and trespass for the contamination of the ground water under plaintiffs’ property. We affirm the trial court’s grant of summary disposition of the nuisance and negligence claims pursuant to MCR 2.116(0(10) and the trespass claim pursuant to MCR 2.116(C)(8).

Plaintiffs own property directly across the street from a gasoline station. When defendant Phillips owned the…