Michigan Appeals Court Upholds $85k and $91k Damages in Coan‑Ercolani Water Dispute

The Michigan Court of Appeals on Tuesday affirmed the jury's awards and the drainage plan devised by independent expert Wayne Perry.

The dispute erupted when William Michael Coan and Cindy Plant purchased 800 and 790 North Latson Road, with Robert Ercolani owning 796 in between. Over the years both parties altered ground levels, raising or lowering sections, which shifted how rainwater moved across the properties.

The jury found that Ercolani's work had caused water to enter Coan and Plant's property, awarding them $85,000 for damage to structures other than trees. Conversely, the jury also found that Coan and Plant's actions had damaged Ercolani's land, awarding him $91,250. Neither side was found negligent, although Ercolani's negligence did not directly link to the claimed damages.

Perry's recommendation included a French drain, slope adjustments, and underground pipes to channel water between the plots. The court deemed the plan the most viable option because the land had changed beyond repair and required minimal cooperation from the neighbors.

Despite the legal resolution, the neighbors have yet to agree on how to implement the drainage scheme, leaving future flooding unresolved. The court's decision, however, establishes the framework for any future enforcement or additional appeals.