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COOKE v. TAUBE

Calendar No. 43, Docket No. 50,153.

372 Mich. 132 (1963)

125 N.W.2d 278

COOKE v. TAUBE.

Supreme Court of Michigan.

Decided December 27, 1963.

Attorney(s) appearing for the Case

Mollison, Hadsell & Cary (Robert W. Cary, of counsel), for plaintiffs.

Low, Iwaniuk & Boothby (Joseph N. Low, of counsel), for defendants.

CARR, C.J. (dissenting).

This suit was instituted in circuit court to enjoin an alleged violation of a building restriction to which plaintiffs claimed defendants' lot in Hill Park Estates, Niles township, Berrien county, was subject. Plaintiffs alleged in their pleading that they were also owners of lots contiguous to or located near defendants' property, and that the violation of the restriction in question would be injurious to them. The restriction to which...

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