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Lenawee County v. Messerly: Difference between revisions
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|subject=Contracts | |subject=Contracts | ||
|case_treatment=No | |case_treatment=No | ||
|facts=The Messerly couple bought an apartment building & the surrounding land to generate rental income. | |facts=The Messerly couple bought an apartment building & the surrounding land to generate rental income. They were un-aware that the prior owner had installed a septic system on the property without a city permit & in violation of the health code. | ||
5 years later, the Messerlys sold the property to the Pickles. The contract between Messerly & Pickle stated that buyers have examined the property & agree to accept it in its current condition. | |||
Within a week of the latest sale by the Pickles, they discovered raw sewage seeping out of the ground. No economically feasible solution to the problem was available. | |||
The Lenawee County Board of Health (the "Board") condemned the property. | |||
|procedural_history=The Board sued the sellers & buyers of the condemned property, prohibiting human occupancy. The circuit court granted the Board's suit. | |||
In the meantime, the buyers stopped making payments on the condemned property. At the same time, the seller sought foreclosure. A cycle of back & forth suits of the buyers & sellers on each other ensued. | |||
The trial court determined that neither the buyers (Pickles) nor the latest sellers (Messerlys) knew about the sub-par septic system until after the conclusion of the real estate sale. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://casetext.com/case/lenawee-bd-of-health-v-messerly | |link=https://casetext.com/case/lenawee-bd-of-health-v-messerly | ||
Revision as of 16:21, July 11, 2023
| Lenawee County v. Messerly | |
| Court | Michigan Supreme Court |
|---|---|
| Citation | |
| Date decided | December 23, 1982 |
Facts
The Messerly couple bought an apartment building & the surrounding land to generate rental income. They were un-aware that the prior owner had installed a septic system on the property without a city permit & in violation of the health code.
5 years later, the Messerlys sold the property to the Pickles. The contract between Messerly & Pickle stated that buyers have examined the property & agree to accept it in its current condition.
Within a week of the latest sale by the Pickles, they discovered raw sewage seeping out of the ground. No economically feasible solution to the problem was available.
The Lenawee County Board of Health (the "Board") condemned the property.Procedural History
The Board sued the sellers & buyers of the condemned property, prohibiting human occupancy. The circuit court granted the Board's suit.
In the meantime, the buyers stopped making payments on the condemned property. At the same time, the seller sought foreclosure. A cycle of back & forth suits of the buyers & sellers on each other ensued.
The trial court determined that neither the buyers (Pickles) nor the latest sellers (Messerlys) knew about the sub-par septic system until after the conclusion of the real estate sale.
