Both Sides' Summary Requests Nixed In Landfill Spat

Law360, New York (March 11, 2010, 8:22 PM EST) -- Backing a trial court, a Michigan appeals court has refused to award either side an early victory in a suit where landfill operators contend governmental immunity bars homeowners' claims for groundwater pollution and property damage.

The Michigan Court of Appeals concluded Tuesday that the lower court did not err when it denied summary disposition to both sides but said an evidentiary hearing is preferable to a trial in deciding whether the profitability of the Wexford County Landfill excludes the defendants from immunity protection.

The defendants —...
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