Timothy Young, a partner in our Livonia office, successfully defeated an environmental nuisance claim presented on behalf of 13 homeowners. The homeowners alleged that daily noise and diesel fumes from the property of Mr. Young’s client interfered with the peaceful and quiet enjoyment of their property.
The depositions of each of the plaintiffs and their noise expert revealed that the plaintiffs did not sustain personal property damage, real property damage or diminution in the value of their property as they alleged. In addition, the depositions revealed the plaintiffs did not suffer the significant harm required by the law governing nuisance.
Mr. Young’s client obtained a summary disposition order dismissing the case before trial. The keys to the victory were the extensive depositions to refute the plaintiffs’ claims, in addition to the outstanding contributions by the real estate expert and the acoustical engineers, which Mr. Young retained on behalf of his client.