Bifalgorithm post · Property · Defined
Trespass
Trespass (Property · Defined) — "In Adams v. Cleveland-Cliffs Iron Co., defendants appealed from a jury verdict awarding damages for alleged trespass caused by…
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- Adams v. Cleveland-Cliffs Iron Co. concerned whether Michigan trespass law covers intangible invasions from mining operations.
- Defendants appealed a jury verdict awarding damages to the plaintiffs.
- The plaintiffs sued in both trespass and nuisance.
- The alleged invasions included dust, noise, and vibrations from the operating iron mine.
- Blasting occurred approximately three times a week, while mining and ore processing produced airborne dust.
- The Empire Mine operated continuously and produced millions of tons of iron ore annually.
- The plaintiffs claimed increased costs for cleaning, repainting, replacing carpets and drapes, repairing masonry, replacing windows, and addressing plumbing and sewer damage.
- The legal issue was whether Michigan recognizes trespass claims for invasions by airborne particulate, noise, or vibrations.
- The court explained that trespass to land and nuisance involve overlapping concepts but reaffirmed traditional trespass requirements.
- Michigan trespass law does not cover airborne particulate, noise, or vibrations.
- Complaints seeking damages from these irritants normally sound in nuisance.
