Krsnak v. Brant Lake Sanitary District

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The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of the Brant Lake Sanitary District on Plaintiffs’ claims alleging a taking or damaging of their property and nuisance, holding that the circuit court did not err in granting the District’s motion for summary judgment. Plaintiffs owned property a short distance from a new sewage lagoon built by the District to process wastewater from the Brant Lake area. In their complaint, Plaintiffs alleged that the District’s new pond violated the general nuisance statute, the statutory prohibition against pollution of state waters, and a county ordinance. Plaintiffs then filed an amended complaint bringing an additional claim of inverse condemnation. The circuit court granted the District’s motion for summary judgment. The Supreme Court affirmed, holding (1) questions of fact did not exist regarding Plaintiffs’ inverse condemnation claim, and Plaintiffs failed to present a claim of inverse condemnation; and (2) Plaintiffs failed to establish a cause of action based upon nuisance. View "Krsnak v. Brant Lake Sanitary District" on Justia Law