BELLARMINE HILLS ASS'N v. RESIDENTIAL SYSTEMS CO.

Docket No. 77-3989.

84 Mich. App. 554 (1978)

269 N.W.2d 673

BELLARMINE HILLS ASSOCIATION v. THE RESIDENTIAL SYSTEMS COMPANY

Michigan Court of Appeals.

Decided July 6, 1978.


Attorney(s) appearing for the Case

Milmet, Vecchio, Kennedy & Carnago, P.C. (by Donald E. Schuster), for plaintiff.

Michigan Protection and Advocacy Service for Developmentally Disabled Citizens (by David T. Verseput and William J. Campbell) and Kenneth W. Ostrowski, for defendants.

Before: BASHARA, P.J., and M.J. KELLY and ALLEN, JJ.


BASHARA, P.J.

Defendants appeal from a summary judgment granted to plaintiff. That judgment permanently enjoined defendants from using a certain residence for treatment of six or less mentally retarded children. Treatment was rendered under an arrangement whereby six or fewer retarded children would live with a resident foster parent.

Plaintiff is an incorporated association of homeowners having their residences in the same subdivision as the foster care facility...

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