Sunrise Resort Association Inc v. Cheboygan County Road Commission

Summary

The Court held that plaintiffs’ statutory sewage-disposal-system-event claim was timely because it sought recovery only for a discrete 2018 overflow occurring within the three-year limitations period. It further held that the statutory exception abrogated the common-law trespass-nuisance exception to governmental immunity, requiring dismissal of that claim and making the requested injunction unavailable because it was tied only to that claim. The trial court’s dismissal of the statutory claim was reversed, dismissal of the trespass-nuisance claim was affirmed, and the case was remanded. No separate opinions were filed.