TERRIEN v. ZWIT

Docket No. 115924, Calendar No. 1.

648 N.W.2d 602 (2002)

467 Mich. 56

Janice TERRIEN, Thomas Hagen, and Janet Thomas, Plaintiffs-Appellants, v. Laurel ZWIT, Tim Zwit, Ken Clark, and Nicci Clark, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 25, 2002.


Attorney(s) appearing for the Case

Rose & Eklund, P.L.C. (by James M. Rose), Montague, for the plaintiffs-appellants.

Culver, Sheridan, Knowlton, Even & Franks (by Kevin B. Even), Muskegon, for the defendants-appellees.

Farhat & Story, P.C. (by Charles R. Toy and David E. Rudgers), East Lansing, for the Michigan Association for the Education of Young Children.


MARKMAN, J.

We granted leave in this case to consider whether covenants permitting only residential uses, and expressly prohibiting commercial, industrial, or business uses, preclude the operation of a "family day care home." We also granted leave to consider whether a covenant precluding such an operation is unenforceable as violative of Michigan "public policy." The circuit court granted summary disposition in favor of...

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