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Legal Opinion

Affiliated FM Insurance v. Department of State Highways & Transportation

Michigan Court of Appeals

Decided October 2, 1978No. Docket 77-2633PublishedCited by 9 opinions

1Opinion of the CourtAllen, P.J.

Can the state escape liability under governmental immunity when, during excavation of a state highway right-of-way, it disconnects a 12-inch water main on the right-of-way and either fails to reconnect it at all or replaces it with an 8-*206inch main, thereby cutting off or reducing the water supply necessary to combat a fire occurring on nearby private property? On May 20, 1977, the Court of Claims held yes and plaintiffs appeal of right.

On January 14, 1976, a fire severely damaged the Lemontree Apartment complex located just off of 1-94 in Van Burén Township, Wayne County. As a result of the…

2Cases cited13 opinions

  1. Thomas v. Department of State HighwaysMichigan Supreme Court · 1976
  2. Rosario v. City of LansingMichigan Supreme Court · 1978
  3. Thornburg v. Port of PortlandOregon Supreme Court · 1962
  4. Gerzeski v. Department of State HighwaysMichigan Supreme Court · 1978
  5. Buckeye Union Fire Insurance v. StateMichigan Supreme Court · 1970

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Melendres v. SoalesMichigan Court of Appeals · 1981
  2. Davis v. City of DetroitMichigan Court of Appeals · 1980
  3. Daugherty v. StateMichigan Court of Appeals · 1979
  4. Taggie v. Department of Natural ResourcesMichigan Court of Appeals · 1979
  5. Madajski v. Bay County Department of Public WorksMichigan Court of Appeals · 1980

4 more not listed; retrieve them via the Exa API.

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