Adams v. Cleveland-Cliffs Iron Co.
Court of Appeals of Michigan
602 N.W.2d 215, 237 Mich. App. 51 (1999)
Adams and dozens of other homeowners (plaintiffs) lived in the Village of Palmer near the Empire Mine, a large iron ore mine operated around the clock by Cleveland-Cliffs Iron Company through its subsidiary, Empire Iron Mining Partnership (defendants). Plaintiffs sued for trespass and nuisance, alleging that dust, noise, and vibrations from the mine's operations damaged their homes and diminished their property values, even though the mine's emissions fell within regulatory air-quality standards. At trial, the judge instructed the jury that trespass could be based on intrusions by emissions, dust, vibration, and noise. The jury could not reach a verdict on the nuisance claim but found for 52 of the plaintiffs on the trespass claim, awarding $599,199 in damages. The trial court denied the defendants' motions for a new trial or judgment notwithstanding the verdict.
Whether an invasion of a plaintiff's land by intangible agents, such as airborne dust, noise, and vibrations, constitutes an actionable trespass to land, or whether such disturbances instead belong exclusively to the law of nuisance.