Eugene McNabb v. Dan's Excavating Inc

STATE OF MICHIGAN COURT OF APPEALS EUGENE MCNABB and ORA MCNABB, UNPUBLISHED October 14, 2014 Plaintiffs-Appellants, v No. 315941 Oakland Circuit Court DAN’S EXCAVATING, INC. and TOWNSHIP LC No. 2011-118153-CZ OF ORION, Defendants-Appellees. Before: STEPHENS, P.J., and TALBOT and BECKERING, JJ. PER CURIAM. In this action seeking mandamus and mandatory injunctive relief, plaintiffs appeal as of right the trial court’s order summarily dismissing their claims under MCR 2.116(C)(10). We affirm. This case arises out of the filling and restoration operations of a sand mining pit that was adjacent…