Anne v. McArdle Wins Summary Disposition in a Property Damage Suit Arising From Flooding Allegedly Caused by a Construction Project

West Maple Realty Partners, LLC v C.E. Gleeson Constructors, Inc, Oakland County Circuit Court Case No. 23-202508-CB, Hon. Michael Warren.  Summary disposition was granted on July 25, 2024, to all defendants in this case on the basis of Res Judicata and/or Collateral Estoppel, per MCR 2.116(C)(7) and/or (C)(10).  We represented C.E. Gleeson Constructors, Inc., who was the general contractor of Defendant Troy Senior Leasing, LLC, concerning a large construction development in the City of Troy.  During construction, the neighboring property owner, Plaintiff West Maple Realty Partners, LLC, claimed that due to negligence in the grading of the property, flooding occurred, resulting in continuous property damage.  The first lawsuit that was filed was resolved by way of a settlement agreement that contained a contingency, such that any acts of alleged negligence arising after the date of the settlement, but before the certificate of occupancy was issued, would not be barred.    Plaintiff then filed a second lawsuit before the certificate of occupancy was issued, asserting that the grading of the property was negligent and was causing ongoing flooding events, where plaintiff asserted further property damage and demanded construction of a retaining wall in excess of $100,000.00.  We argued for defendants including C.E. Gleeson that the second lawsuit was barred by res judicata and/or collateral estoppel, because the issue of property grading, and remedial measures to reduce flooding, was already litigated.  The plaintiff did not present any new evidence of alleged negligence arising after the date of the first settlement agreement, and the court agreed that plaintiff was simply trying to re-litigate the first lawsuit, dismissing the entire case with prejudice.    No appeal was taken.