Hadfield v. Oakland County Drain Commissioner

These four consolidated cases present the issue whether a nuisance exception to governmental immunity remains viable after this Court’s decision in Ross v Consumers Power Co (On Rehearing), 420 Mich 567; 363 NW2d 641 (1984), and, if so, in what form. Consideration of this question necessitates review of two pre-Ross decisions in which this Court was divided over the proper scope of the nuisance exception. See Rosario v City of Lansing, 403 Mich 124; 268 NW2d 230 (1978); Gerzeski v Dep’t of State Hwys, 403 Mich 149; 268 NW2d 525 (1978). There are also *145three minor issues that are resolved in…