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CONTINENTAL PAPER & SUPPLY CO. v. CITY OF DETROIT

Docket No. 100464, Calendar No. 5.

545 N.W.2d 657 (1996)

451 Mich. 162

CONTINENTAL PAPER & SUPPLY COMPANY, INC., American Automobile Insurance Company, as Subrogee of Continental Paper & Supply Company, Inc., Plaintiffs-Appellees, v. CITY OF DETROIT, A Municipal Corporation, Defendant-Appellant.

Supreme Court of Michigan.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Clausen, Miller, P.C. by James T. Ferrini, Jeffrey J. Asperger, Joseph J. Janatka, and Edward M. Kay, Chicago, Illinois, and Robert H. Harkness, Bloomfield Hills, for plaintiffs-appellees.

Phyllis A. James, Corporation Counsel, and Joanne D. Stafford, Supervising Assistant Corporation Counsel, Detroit, for City of Detroit.

OPINION

WEAVER, Justice.

The issue before us is whether the City of Detroit is liable under the trespass-nuisance exception to governmental immunity for damages caused by a fire that originated at buildings to which the city did not have title.1 We hold that the city neither owned nor controlled the buildings and therefore cannot be held liable under the trespass-nuisance exception to governmental immunity. We reverse the judgment...

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