Tree
Case To Proceed As Class Action Against City of Warren
Troy, Michigan.
Monday, May 5, 2008. The Michigan Supreme Court has
put an end to a 7 year appellate battle in a class action lawsuit
against the City of Warren by ruling that a case brought against
the city for property damage caused by trees it planted in front
of residents’ homes can proceed as a class action. In its
ruling, the Supreme Court denied the city’s request for
review of the decisions of the Michigan Court of Appeals and
the Macomb County Circuit Court, which both held that the case
was appropriate for class action treatment. The case involves
claims that city planted trees caused damages on a city-wide
basis to homeowners’ sewer lines and other property. The
class includes approximately 7,000 homeowners damaged by city
practices and policies. The case will now proceed in the trial
court before Judge James M. Biernat as a class action. The attorney
for the homeowners, Gerard Mantese, stated, “I am pleased
that the appellate battle is now behind us and we can proceed
to obtain fair and just compensation for these homeowners, many
of whom are on fixed incomes and cannot afford the necessary
repairs to their sewer lines and property damage caused by the
city.”
For link to the Supreme Court’s decision,
click here: Hill
v. City of Warren, May 2, 2008 Order
Links to recent media coverage:
The Detroit News
Channel 7 News
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