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VILLAGE OF HICKORY POINTE HOMEOWNERS ASS'N v. SMYK

Docket No. 242060.

686 N.W.2d 506 (2004)

262 Mich.App. 512

VILLAGE OF HICKORY POINTE HOMEOWNERS ASSOCIATION, Plaintiff-Appellant, v. Joseph A. SMYK and Michele B. Smyk, Defendants-Appellees.

Court of Appeals of Michigan.

Decided June 17, 2004, at 9:05 a.m.

Released for Publication September 1, 2004.

Attorney(s) appearing for the Case

Gregory M. Elliott, P.L.C. (by Gregory M. Elliott), Ann Arbor, for the plaintiff.

Joseph A. Smyk in propria persona, Ypsilanti.

McClelland & Anderson, L.L.P. (by Gregory L. McClelland and Marc D. Matlock), Lansing, for the Michigan Association of Home Builders.

Before: O'CONNELL, P.J., and JANSEN and WILDER, JJ.

WILDER, J.

Plaintiff, Village of Hickory Pointe Homeowners Association, appeals as of right from the lower court's grant of summary disposition for defendants, Joseph A. Smyk and Michele B. Smyk. We reverse and remand to the trial court.

Plaintiff homeowners association is a Michigan nonprofit corporation established to oversee the affairs of the subdivision, including the enforcement of compliance with subdivision covenants. Plaintiff alleges that defendants...

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