Kuhn Rogers Prevails In Federal Court Civil Rights Lawsuit

Unconstitutional Taking of Private Property by County Government Entitles Owner to Damages and Attorney Fees

Type of Action: Federal Takings, State Inverse Condemnation, Due Process Violation, and Trespass Claim; Section 1983 Federal Rights Claims

Type of Injuries: Plaintiff is a property owner whose land experienced significant, regular flooding from a drain culvert running beneath a public road under the control of the Ogemaw County Drain Commission, partially located on Plaintiff's property outside of the public road right-of-way.

Court/Case No.: U.S. District Court, Eastern District of Michigan, Northern Division, Case No. 1:21-cv-11192

Name of Case: Miner v. Ogemaw County Road Commission, et al.

Opinion/Judgement: Order Denying Defendants' Motion for Summary Judgment and Granting Plaintiff's Motion for Summary Judgment, F Supp 3d , 2022 WL 957534 (E.D. Mich. Sept. 2, 2022).

Judgment Rendered: District Court Judge Thomas L. Ludington granted Plaintiff's motion for partial summary judgment on Plaintiff's federal and state takings claims and trespass claim, finding that the Ogemaw County Road Commission and its General Manager, Patrick Reinke, were liable to Plaintiff for the installation and maintenance of a drain culvert because the culvert was partially located outside of the public road right-of-way and caused regular and significant flooding of Plaintiff's property, causing damage to his home and rendering his property essentially unusable at times.

Plaintiff succeeded on his federal civil rights claims pursuant to 42 U.S.C. 1983, entitling him to recover his attorney fees and litigation costs associated with bringing the action under 42 U.S.C. 1988.

Remaining issues for trial involve Plaintiff's due process violation claim and a determination of Plaintiff's damages and attorney fees award.

Lead Attorney for Plaintiffs: W. Dane Carey

Highest Pre-suit Offer: $0

Highest Settlement Conference Offer: $0

Media: Michigan Lawyers Weekly, Opinion Digest, "Real Property – Taking – Culvert"