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RANDOLPH v. REISIG

Docket No. 259943.

727 N.W.2d 388 (2006)

272 Mich. App. 331

E. Richard RANDOLPH and Betty J. Randolph, Plaintiffs-Appellants, v. Clarence E. REISIG, Monica Reisig, William Hinkley, and Debra Hinkley, Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 3, 2006, at 9:00 a.m.

Released for Publication January 5, 2007.

Attorney(s) appearing for the Case

Warner Norcross & Judd L.L.P. (by John G. Cameron, Jr.; John J. Bursch and Daniel P. Lennington), Grand Rapids, for E. Richard and Betty J. Randolph.

Timmis & Inman P.L.L.C. (by Joseph M. Xuereb), Detroit, for Clarence E. and Monica Reisig.

Before: SAWYER, P.J., and FITZGERALD and O'CONNELL, JJ.

PER CURIAM.

Plaintiffs appeal as right the order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(10) in this dispute arising out of the interpretation of covenants contained in a property owners' association agreement. We reverse and remand.

We review de novo a trial court's decision on a motion for summary disposition. A motion for summary disposition under MCR 2.116(C)(10) tests the factual support of a claim. Rice v. Auto...

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