Robert and Shirley Hill, Timothy Carlson, Randall and Linda Kolodziejski, William and Beverly Glasson, David and Kristin Abraham, Dennis D. Marlowe, Dennis and Tracy Hight, Ted Dobek, Carolyn Kupiec, Frederick and Michelle Cross, Sandra Powers, Daniel G. Olivares, Francesco and Pamela Simone, Gary Potapshyn, Gerald Kowalski, and Frank Vitale v. City of Warren

Summary

The Michigan Supreme Court reversed the Court of Appeals and remanded a class-certification dispute involving homeowners' claims against the City of Warren arising from tree-related property damage. The majority concluded that the trial court's denial of class certification was not clearly erroneous, while two justices dissented, concluding that commonality, typicality, and superiority were satisfied.

Holdings

1. The Macomb Circuit Court's denial of class certification was not clearly erroneous.

Questions Presented

1. Whether the Court of Appeals properly reversed the Macomb Circuit Court's denial of class certification.
2. Whether the circuit court's denial of class certification was clearly erroneous.

Disposition

reversed_and_remanded