JODI ALLEN V CITY OF LAINGSBURG

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS JODI ALLEN, UNPUBLISHED February 16, 2010 Plaintiff/Counter DefendantAppellee, v No. 286031 Shiawassee Circuit Court LC No. 07-005653-CH CITY OF LAINGSBURG, Defendant/Counter Plaintiff/Third Party Plaintiff-Appellant, and SHIAWASSEE COUNTY DRAIN COMMISSIONER, Defendant, and CARRIE ALLEN, LARRY EAKIN, BRIDGET EAKIN, ROBERT HURST, and JAYNE HURST, Third Party Defendants. Before: Cavanagh, P.J., and Fitzgerald and Shapiro, JJ. SHAPIRO, J. (concurring). I concur with the majority’s conclusion that tort immunity does not shield a governmental entity from a claim of inverse condemnation. Such a claim requires an allegation, and ultimately proof, that defendant took affirmative actions directly aimed at the plaintiff’s property. After reviewing the complaint, I do not believe plaintiff has alleged actions directly aimed at plaintiff’s property. However, I would affirm the denial of summary disposition and remand to allow plaintiff to amend his complaint in order to properly plead such an action. /s/ Douglas B. Shapiro -1-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.