The Michigan appeals court has ruled in favor of Ann Arbor and dismissed a lawsuit that tested the responsibility of local governments during severe flooding.
The court overturned a decision by a Washtenaw County judge, saying it could have created “unprecedented” and “crippling” liability on taxpayers.
The Ann Arbor News says Lawrence Fingerle sued, accusing Ann Arbor of failing to do enough to contain rain from a storm in 2010. His basement was flooded.
In a 2-1 decision, Judge Henry Saad says Ann Arbor is protected from Fingerle’s “radical” claim. He says no Michigan law requires local governments to prevent damage to private property caused by extreme weather.
But in dissent, Judge Jane Beckering says there’s evidence that Ann Arbor knew about defects in its sewer system.
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