Adams v. Cleveland-Cliffs Iron Co.

Michigan Court of Appeals · Property

PropertyTrespassNuisancetrespassnuisanceintangible invasiondustnoise

Facts

Plaintiffs lived near defendants' Empire Mine and sued for both trespass and nuisance based on dust, noise, and vibrations from the mine's operations and blasting. They claimed dust accumulated inside and outside their homes and that blasting caused tremors, shock, nervousness, sleeplessness, and property damage such as cracks, leaks, and diminished home values. The trial court instructed the jury that emissions, dust, vibration, and noise could constitute trespass if they affected neighboring property or caused damages. The jury returned a verdict for most plaintiffs on trespass but could not agree on nuisance.

Issue

Does Michigan recognize a cause of action for trespass to land based on invasions by airborne dust, noise, and vibrations? More specifically, may intangible intrusions support trespass, or must such claims proceed under nuisance?

Rule

In Michigan, trespass to land is established only by proof of an unauthorized direct or immediate intrusion of a physical, tangible object onto land over which the plaintiff has a right of exclusive possession. Once such an intrusion is proved, trespass is complete and the plaintiff is presumptively entitled to at least nominal damages; by contrast, noise, vibrations, and ambient dust, smoke, soot, or fumes ordinarily implicate use and enjoyment and therefore are addressed through nuisance, which requires proof of significant harm from an unreasonable interference.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Grand Rapids, Orion Foundry LLC operates a metal-processing plant next to homes owned by Nina Patel and Jonah Reeves. The plant emits a constant metallic odor and loud nighttime rumbling that keep the homeowners awake, but no debris or other material ever lands on their lots.

If Nina and Jonah sue only for trespass under Michigan law as stated by the majority opinion, which is the best result?

Explanation. Michigan trespass requires an unauthorized direct or immediate intrusion of a physical, tangible object onto land over which the plaintiff has exclusive possession. Noise and similar ambient conditions affect use and enjoyment, not the right to exclude, so they normally sound in nuisance. The majority specifically preserved the distinction between trespass and nuisance rather than allowing any cross-boundary interference to count as trespass. (Derived from Adams v. Cleveland-Cliffs Iron Co. (n.d.).)