Brandon Township v. Jerome Builders, Inc.

Plaintiff brought this action to recover the costs of repairs it made to a dam owned by defendants. On the date set for trial, the trial court sua sponte 1 entered summary judgment against plaintiff for failure to state a claim upon which relief could be granted, GCR 1963, 117.2(1), and plaintiff appeals. We reverse.

Plaintiff’s amended complaint alleged that defendants owned a dam which contained Lake Louise, located in Brandon Township. Plaintiff advised defendants on numerous occasions that the dam was in need of repair, and that it feared a catastrophic rupture and flood in the event of…