Cairns v. City of East Lansing

Plaintiffs1 appeal as of right the trial court’s grant of summary disposition under MCR 2.116(C)(4) following its conclusion that it lacked *104subject-matter jurisdiction over plaintiffs’ statutory claims. We reverse and remand.

I. FACTS

This case involves plaintiffs’ statutory claims2 against defendant, the city of East Lansing, arising from defendant’s operation of a landfill adjacent to their residential properties.

In 1950, defendant began operating a landfill in Ingham County, under an agreement with the owner of the property. Although the agreement started out as a lease, the owner later…