Legal Opinion

Fortin v. Vitali

Michigan Court of Appeals

Decided January 31, 1969No. Docket 1,260PublishedCited by 2 opinions

1Opinion of the CourtCanham, J.

Plaintiff homeowners sought and obtained injunctive relief from the invasion of their property by an odor emanating from compost piles mixed on defendants’ farms. This is an appeal from the order of the circuit court enjoining the defendants to cease their composting operation.

Defendants are mushroom. growers in Shelby township, Macomb county, whose operations require the maintenance of large compost piles which are the source of the neighboring plaintiff homeowners’ discomfort. This compost is a mixture of straw, grain, and horse manure, a conglomeration that is mixed, fermented, remixed and…

2Cases cited9 opinions

  1. Rohan v. Detroit Racing AssociationMichigan Supreme Court · 1946
  2. Adams v. Kalamazoo Ice & Fuel Co.Michigan Supreme Court · 1928
  3. Ballentine v. WebbMichigan Supreme Court · 1890
  4. Mackenzie v. Frank M. Pauli Co.Michigan Supreme Court · 1919
  5. Taylor Avenue Improvement Ass'n v. Detroit Trust Co.Michigan Supreme Court · 1938

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3Cited by2 opinions

  1. Kurrle v. WalkerMichigan Court of Appeals · 1974
  2. Fortin v. VitaliMichigan Court of Appeals · 1970

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