Trespass

"In Adams v. Cleveland-Cliffs Iron Co., defendants appealed from a jury verdict awarding damages for alleged trespass caused by dust, noise, and vibrations invading plaintiffs’ property from an operating iron mine. The issue was whether Michigan recognizes a cause of action in trespass for invasions by these intangible agents. The plaintiffs sued in both trespass and nuisance, alleging that blasting sent tremors through their property and that mining and ore processing generated airborne dust that accumulated inside and outside their homes. They claimed that the dust and vibrations increased the need to clean and repaint their homes, replace carpets and drapes, repair masonry cracks, replace windows, and address plumbing leaks and broken sewer pipes. The Empire Mine operated continuously, produced millions of tons of iron ore annually, and conducted blasting approximately three times a week. The Michigan Court of Appeals explained that trespass to land and nuisance involve overlapping concepts but reaffirmed the traditional requirements for trespass. It concluded that Michigan’s law of trespass does not cover airborne particulate, noise, or vibrations, and that complaints alleging damages from these irritants normally sound in nuisance."