Canton council votes to join amicus brief in City of Milton v. Chang over nuisance liability

The Canton Mayor and Council voted May 21 to join a joint amicus brief in City of Milton v. Chang, a case before the court of appeals that asks whether a structure struck by a motorist and resulting in a death can be treated as a nuisance that allows municipal liability.

A staff speaker told the council the case had reached the state Supreme Court on part of the record and the court remanded the remaining issue to the court of appeals; several neighboring cities have already joined the brief. The staff explanation noted an important distinction in existing law: county and state governments generally have immunity from nuisance claims unless the conduct rises to a constitutional taking, while cities can be sued for nuisance; the outcome could affect municipal liability exposure.

A council member moved to adopt the resolution joining the brief, a second was recorded, and the motion passed by voice vote with all members voting in favor. Councilors did not amend the resolution during the meeting.

The council packet referenced the case name and asked for authorization to file the brief alongside other municipalities. Mr. Dyer was identified in discussion as a person who could answer legal questions; no additional legal analysis was presented on the record at the meeting.