Business drainage changes flood neighbour's home; court cuts damages to $102,000

The Michigan Court of Appeals has reduced damages awarded to a homeowner to $102,000 after a neighbouring business's drainage changes sent excess rainwater onto her property, causing repeated basement flooding and damage to her house and garage. In a ruling issued Thursday, the court upheld the business's liability but revised the earlier $170,000 award after correcting the calculation of repair costs.

The dispute involved homeowner Sherilyn Hart and North Waverly LLC, which owned the commercial property next to her home.According to the judgment, Hart and her husband, Anthony McCarty, bought the residential property in 2013. They planned to renovate it and rent it out, while living in their primary home next door.

North Waverly LLC bought the commercial property immediately south of their house in 2015.The couple said they had not experienced excess water or flooding before May 2016. The problem began after the business changed its drainage system and connected its downspouts to two long, uncapped plastic pipes.