CMDA Livonia attorney Laurel Acho has successfully protected a local municipality from a suit revolving around an alleged rat infestation. The municipality was sued for an alleged violation of the sewer system exception to the Governmental Immunity Act; and the torts of trespass/nuisance, negligence, and misrepresentation/fraud. In their Complaint, the plaintiffs claimed that a couple of years ago, they noticed rat infestation on their property. It was their belief the contamination was the consequence of a sewer system backup and overflow of water and/or sewage onto their property. As rats allegedly ruined the landscaping on their property, the Plaintiffs claimed they spent more than $14,000 re-landscaping their property and sought monetary damages in that amount.

Ms. Acho, however, outlined the exception to governmental immunity and argued that it did not apply to the instant fact situation. During the hearing on the motion, the Plaintiffs’ counsel conceded to the invalidity of the trespass/nuisance claim after Ms. Acho’s oral argument. Thereafter, each and every similar claim that had been filed against the city was dismissed.