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LELAND ACRES HOMEOWNERS ASS'N, INC. v. R. T. PARTNERSHIP

Docket No. 48213.

106 Mich. App. 790 (1981)

308 N.W.2d 648

LELAND ACRES HOMEOWNERS ASSOCIATION, INC. v. R. T. PARTNERSHIP.

Michigan Court of Appeals.

Decided June 3, 1981.

Attorney(s) appearing for the Case

Hooper, Hathaway, Price, Beuche & Wallace (by Charles W. Borgsdorf), for plaintiff.

Josephson, Fink, Sedo & Darnton, for Pyramid Human Services, Inc.

Amicus Curiae:

Michigan Protection & Advocacy Service for Developmentally Disabled Citizens (by Michael J. Kiley).

Before: T.M. BURNS, P.J., and ALLEN and D.F. WALSH, JJ.

T.M. BURNS, P.J.

Defendant Pyramid Human Services, Inc., appeals as of right a lower court order granting summary judgment in favor of plaintiff and permanently enjoining defendants from using a house located in Leland Acres Subdivision as a foster care facility for six mentally disabled persons. We reverse.

Plaintiff is a Michigan nonprofit corporation whose members are the residents in the Leland Acres Subdivision in Northfield Township, Washtenaw County...

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