Adams v. Cleveland-Cliffs Iron Co.
Michigan Court of Appeals
602 N.W.2d 215 (1999)
- Written by Craig Conway, LLM
Facts
Cleveland-Cliffs Iron Co. (Cleveland-Cliffs) (defendant) owned the Empire Mine, one of the largest iron mines in the country. Empire Mine operated 24 hours a day and produced 8 million tons of iron ore annually. In doing so, the mine emitted vibrations, noise, odors, and dust. Adams and 54 other nearby homeowners (collectively, the homeowners) (plaintiffs) brought suit against Cleveland-Cliffs for trespass and nuisance based on the noise, odors, and settling dust that was about four times thicker than ordinary dust, which devalued their homes. The homeowners testified that the noise and vibrations from the blasts caused them to suffer shock, nervousness, and sleeplessness. A jury found that three of the 55 homeowners were not entitled to recover under either trespass or nuisance. After being instructed by the trial judge that trespass may include airborne particles, noise, or vibrations, the jury returned a verdict in favor of the other 52 homeowners as to trespass and awarded damages. Cleveland-Cliffs appealed.
Rule of Law
Issue
Holding and Reasoning (O’Connell, J.)
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