MORGAN v. MATHESON

Docket No. 56, Calendar No. 48,657.

362 Mich. 535 (1961)

107 N.W.2d 825

MORGAN v. MATHESON.

Supreme Court of Michigan.

Rehearing denied April 26, 1961.


Attorney(s) appearing for the Case

Piggins, Rehn, Balmer, Grigsby & Skillman, for plaintiffs.

Walter M. Nelson, for defendants Hector A. Johnson and Senia A. Johnson.

Goldsmith & Rosen, for defendant Clare W. Forbes.

Birnkrant, Birnkrant & Birnkrant (Wilcox, Lacy, Lawson, Kirkby & Hoffman, of counsel), for defendants Jacob Holskin and Ethel M. Verlee.

Weiswasser, Jaffe & Grant (Aaron Weiswasser, of counsel), for defendants Matheson.


EDWARDS, J.

In this equity action plaintiffs, residential property owners, sought injunctive relief to enforce a subdivision residential restriction against defendants to keep them from constructing 2 commercial parking lots. After taking extensive testimony, the circuit judge denied the relief sought, principally on the ground that the restrictions had been abandoned. Plaintiffs appeal.

The DeWitt H. Taylor subdivision was platted in 1907. It extended west...

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