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BEVERLY ISLAND ASS'N v. ZINGER

Docket No. 53451.

113 Mich. App. 322 (1982)

317 N.W.2d 611

BEVERLY ISLAND ASSOCIATION v. ZINGER.

Michigan Court of Appeals.

Decided February 17, 1982.

Attorney(s) appearing for the Case

Yuille, Plourde & Russell (by Peter M. Keenan), for plaintiff.

Richard Ericksen, for defendants.

Amicus Curiae:

Schaden & Heldman, for the Women Lawyers Association of Michigan.

Before: R.M. MAHER, P.J., and D.F. WALSH and D.C. RILEY, JJ.

D.C. RILEY, J.

Defendants appeal as of right from a judgment which permanently enjoined them from operation of a licensed family day care home in their subdivision residence. The trial court found the activities of the family day care home were in violation of a restrictive covenant contained in all subdivision deeds.

MCL 722.111(f)(iii); MSA 25.358(11)(f)(iii) defines a family day care home as:

"a private...

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