Kuriakuz v West Bloomfield Township

196 Mich App 175; 492 NW2d 757 (1992). Land owners with disputes between themselves often try to shift the responsibility to the municipality. Such was the case when a condominium’s rain water drained onto a neighboring property, causing substantial damage. Although the township reviewed and approved the condominium site plan, the mere approval of the development plan did not confer responsibility on the township for the condominium’s private storm water drainage system. The Oakland County Drain Commission reviewed the drainage system and recommended changes, with which the private developers complied. Plaintiffs sued the township alleging trespass-nuisance on the basis that if the township had not approved the site plan, the developers could not have created the nuisance that caused damage to plaintiff’s property. The Michigan Court of Appeals held that issuing permits that enables another to create a nuisance was not enough to impose liability on the township.