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TERRIEN v. ZWIT

Docket No. 212015.

605 N.W.2d 681 (1999)

238 Mich. App. 412

Janice TERRIEN, Thomas Hagen and Janet Thomas, Plaintiffs-Appellants, v. Laurel ZWIT, Tim Zwit, Ken Clark and Nicci Clark, Defendants-Appellees.

Court of Appeals of Michigan.

Decided November 5, 1999 at 9:10 a.m.

Released for Publication February 10, 2000.

Attorney(s) appearing for the Case

Rose & Eklund, P.L.C. (by James M. Rose), Montague, for the plaintiffs.

Culver, Sheridan, Knowlton, Even & Franks (by Kevin B. Even), Muskegon, for the defendants.

Farhat & Story, P.C. (by Charles R. Toy), East Lansing, amicus curiae for Michigan Association for the Education of Young Children.

Before: McDONALD, P.J., and MICHAEL J. KELLY and MARK J. CAVANAGH, JJ.

McDONALD, P.J.

Plaintiffs appeal as of right the circuit court's grant of summary disposition in favor of defendants in this case. We affirm.

The relevant facts are not in dispute in this case. The parties are all owners of real property in the Spring Valley Estates subdivision in Fruitport Township, Muskegon County. The subdivision is subject to several protective covenants, three of which are relevant to this appeal:

1. No part of any of the premises...

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