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Mays v. Governor of Michigan

954 N.W.2d 139 (2020)

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Mays v. Governor of Michigan

Michigan Supreme Court
954 N.W.2d 139 (2020)

SC

Facts

The State of Michigan (defendant) switched the water source for residents of Flint from the Detroit Water and Sewerage Department to the Flint River. Stemming from this switch, Melissa and Michael Mays and other Flint property owners (collectively, Mays) (plaintiffs) filed a class-action suit against Michigan. Mays claimed inverse condemnation and violation of Mays’s rights to bodily integrity under the state’s due-process clause. Mays alleged that the water from the Flint River caused physical harm to residents and decreased Flint property values, that the state had been warned by local officials that the Flint water-treatment plant was not suitable to handle the switch and that the water coming from the river was contaminated and not suitable for drinking, and that the state hid its knowledge of the safety of the river water from the public. The state moved for summary judgment. The court of claims denied the motion. The court of appeals affirmed. Michigan appealed.

Rule of Law

Issue

Holding and Reasoning (Bernstein, J.)

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