Claim against Lenawee County Road Commission arising out of property flooding is reinstated

Leonard and Sharon Gust sued the Road Commission, arguing that the Commission's failure to maintain a culvert and drain caused their property to flood.  The lower court and the Court of Appeals both held that the Gusts had properly alleged an illegal taking of their property by reason of the Commission's failure to maintain the culvert and drain.  The Court of Appeals explained that the Gusts had properly alleged a nuisance condition affirmatively created by the Road Commission when it changed the elevation of the road crossing the Plaintiff's property.