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MABLE CLEARY TRUST v. EDWARD-MARLAH MUZYL TRUST

No. 244744.

686 N.W.2d 770 (2004)

262 Mich.App. 485

THE MABLE CLEARY TRUST, Plaintiff-Appellant, v. THE EDWARD-MARLAH MUZYL TRUST, William L. Muzyl, Dale J. Smith Broker, Inc., Thomas Tomkow, Susan Tomkow, and Paxton Resources, LLC, Defendants-Appellees.

Court of Appeals of Michigan.

Decided June 17, 2004, at 9:00 a.m.

Released for Publication September 1, 2004.

Attorney(s) appearing for the Case

Susan Hlywa Topp, PLC (by Susan Hlywa Topp), Gaylord, for the Marble Cleary Trust.

Matthew D. Vermetten and Troy W. Stewart, Traverse City, for the Edward-Marlah Muzyl Trust, William J. Muzyl, and Dale J. Smith Broker, Inc.

Mika, Meyers, Beckett & Jones, PLC (by John M. DeVries and Jennifer A. Puplava), Grand Rapids, for Paxton Resources, LLC, and Thomas Tomkow.

Before: MARK J. CAVANAGH, P.J., and MURPHY and SMOLENSKI, JJ.

SMOLENSKI, J.

At issue in this case is the right to develop certain mineral interests; specifically, the right to gas exploration and development in a residential subdivision. Plaintiff, the Mable Cleary Trust, owns three lots in the subdivision and brought suit against defendants Dale Smith, William Muzyl, the Edward-Marlah Muzyl Trust, Thomas and Susan Tomkow, and Paxton Resources alleging that the mineral development violated the subdivision's restrictive covenants...

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