CASE PREVIEW · Michigan Court of Appeals
Smith v Foster
Water trespass claim fails without evidence of material runoff increase or scienter
Decided
The citation
Smith v Foster, unpublished per curiam opinion of the Court of Appeals, issued October 28, 2026 (Docket No. 376631), p 3
From the case summary
Christopher Smith and Charles and Deborah Foster own neighboring Indian Lake properties that slope toward their shared boundary, near Smith's carriage house. In 2022, the Fosters replaced a walkway near the carriage house with a higher, wider one. Smith believed the change sent more water…
Read the full Keypoint summary for the facts, ruling and practitioner takeaway.