liability and civil trespass Michigan
first, let me make it clear I am not an interested party.
Kevin and Karen own adjacent properties. Kevin has a home standby generator installed. It has been in place for seven years and the installation was permitted and inspected. Kevin does not regularly maintain the generator.
Karen recently had a surgery and had to sleep in a downstairs bedroom. During this time, a power outage occurred in Karen could not sleep i’m due to the noise of the generator running for four days straight.
Sometime after this, Karen read a Consumer Product Safety Commission article regarding home standby generators and the CPSC recommendation that the national fire protection act be amended to require generator installations further from a structure. Karen found out that municipal fire marshal caused a change in municipal code a year ago. New generator installations are no longer allowed in the area Kevin has had his in place for seven years. This decision applies to municipality only, and past installations will not be reviewed. Absent complaints from the homeowner or an interested party.
Karen complains to the fire marshal coting multiple issues based upon a single CPSC report. After discussion with the fire marshal, Karen takes multiple pictures of the generator location (which was inspected and approved seven years ago). The boundary line is only partially fenced. Half of the pictures may be taken from Karen’s property, but it is not clear. Half are clearly taken from Kevin‘s.
A cursory reading of Michigan law made me think that Karen might face civil liability for trespass. She knows the property line and she went on the neighbors property . She also took a tangible object. could she be sued for trespass? Although the statue states nominal damages, could she be found liable for attorneys fees in Michigan?.