McMILLAN v. ISERMAN

Docket No. 56065.

120 Mich. App. 785 (1982)

327 N.W.2d 559

McMILLAN v. ISERMAN

Michigan Court of Appeals.

Decided November 2, 1982.


Attorney(s) appearing for the Case

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by William P. Hampton and Michael L. Updike), for plaintiffs.

Shaheen, Kranson & Garrett (by Jon R. Garrett), for defendants.

Before: M.F. CAVANAGH, P.J., and ALLEN and MacKENZIE, JJ.


M.F. CAVANAGH, P.J.

Plaintiffs sued the defendants, alleging that the defendants' proposed use of property in their subdivision violated an amended deed restriction which prohibited the use of any subdivision lots for a state-licensed group residential facility, as that term is defined in MCL 125.216a; MSA 5.2961(16a), and MCL 125.583b; MSA 5.2933(2). The trial court granted the defendants' motion for summary judgment on the basis that the amended deed restriction...

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