# Velmer v. Baraga Area Schools

> Michigan Court of Appeals · February 2, 1987 · 157 Mich. App. 489

URL: https://www.frixlaw.com/law-library/cases/9689011

## Case

- **Full name:** Velmer v. Baraga Area Schools
- **Court:** Michigan Court of Appeals
- **Decided:** February 2, 1987
- **Citations:** 157 Mich. App. 489; 403 N.W.2d 171
- **Precedential status:** Published
- **Opinion:** Concurring in part by Cynar
- **Judges:** Allen, Cynar, Livo
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Velmer v. Baraga Area Schools, 430 Mich. 385 (1988).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9689011

## Opinion text

Cynar, J.
(concurring in part and dissenting in part). I agree concerning the intentional nuisance exception that the factual basis presented does not *503 support plaintiffs claim of intentionally created nuisance.
However, I must respectfully dissent with the majority holding on the defective building exception issue. It can hardly be construed that reliance on Green v Dep’t of Corrections, 30 Mich App 648 ; 186 NW2d 792 (1971), aff'd 386 Mich 459 ; 192 NW2d 491 (1971), in the case before us amounts to stretching a holding beyond its applicability. While the milling machine in Green was anchored securely to the floor, the weight of the machine in this matter affixed the machine to the floor, perhaps even more securely. I would hold the trial court erred in granting summary disposition on this issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9689011. Public record. Not legal advice.