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KALLMAN v. SUNSEEKERS PROPERTY OWNERS ASSOCIATION, L.L.C.

Docket No. 133923. COA No. 263633.

745 N.W.2d 122 (2008)

Mary C. KALLMAN and Higgins Lake Property Owners Association, Plaintiffs-Appellants, v. SUNSEEKERS PROPERTY OWNERS ASSOCIATION, L.L.C., Defendant-Appellee.

Supreme Court of Michigan.

March 7, 2008.

On order of the Court, the application for leave to appeal the February 1, 2007 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals and REMAND this case to the Roscommon Circuit Court for further proceedings.

The Court of Appeals erred when it reversed the trial court's holding regarding nuisance in fact. The trial court did not err when it concluded...

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