The Michigan Supreme Court in Sholberg v. Truman, held that an owner of real property could not be found liable for public nuisance where someone other than the owner had actual possession of the property, control over the property, and was not the one that created the alleged nuisance.
In Sholberg, Ms. Sholberg was killed when she struck a horse that had strayed from a nearby farm with her car. The personal representatives of Ms. Sholberg’s estate sued Daniel Truman, the man that operated the farm and owned the horse, as well as Robert and Marilyn Truman, the owners of the farm.
At trial, the personal representatives of Ms. Sholberg’s estate presented evidence that there had been at least 30 instances of animals getting loose on the farm and creating hazards. There seemed to be little contention that Daniel Truman was liable for creating a public nuisance by failing to contain these animals. However, the bigger issue was whether the owners of the farm could also be liable.
The trial court granted summary disposition to the owners of the farm after concluding that they could not be held liable for public nuisance because they were not in possession of the property. The Court of Appeals then reversed the trial court’s decision after finding that ownership alone was sufficient to bring a nuisance action. The Michigan Supreme Court, however, reversed the Court of Appeals decision.
The Michigan Supreme Court found that mere ownership was not enough to support a finding of nuisance where the owner was not in possession or control of the property. The Court, in making its decision, also referenced a general principle of tort liability (including nuisance liability) that a person is liable only as he participates in an activity giving rise to a tort.
Since the owners of the farm did not have possession or control of the property, nor did they have anything to do with the animals on the farm, the Michigan Supreme Court reasoned that they could not be liable for public nuisance.
The full opinion of the Court can be accessed at the link below:
http://statecasefiles.justia.com/documents/michigan/supreme-court/2014-146725.pdf?ts=1402545354
Liability for torts may be very fact specific. You should therefore consult with an attorney if you have questions or concerns regarding the law’s application to your circumstances.
If you have any questions, please contact the attorneys at Demorest Law Firm.
