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DIPBOYE v. ACCHIONE

Docket No. 19, Calendar No. 47,159.

351 Mich. 550 (1958)

88 N.W.2d 611

DIPBOYE v. ACCHIONE.

Supreme Court of Michigan.

Decided March 6, 1958.

Attorney(s) appearing for the Case

Dunbar Davis, for plaintiffs.

Levin, Levin, Garvett & Dill (Morris Garvett and Gordon I. Ginsberg, of counsel), for defendant Newman Farms, Inc.

VOELKER, J.

Plaintiffs are the owners of 5 vacant lots (2, 3, 4, 8 and 9) fronting on Plymouth road in the city of Livonia, said lots being part of Alden Village subdivision, which contains 127 lots. Appellant is the owner of 2 lots in this subdivision and holds mortgages on 3 more. Plaintiffs filed their bill of complaint below seeking a declaration by the court that their 5 lots should not be subject to the building and use restrictions applicable to all lots in...

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