BLOOMFIELD ESTATES IMPROVEMENT ASS'N, INC. v. CITY OF BIRMINGHAM

Docket No. 130990. Calendar No. 1.

737 N.W.2d 670 (2007)

BLOOMFIELD ESTATES IMPROVEMENT ASSOCIATION, INC., Plaintiff-Appellee, v. CITY OF BIRMINGHAM, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 18, 2007.


Attorney(s) appearing for the Case

Kemp, Klein, Umphrey, Endelman & May, P.C. (by Raymond L. Morrow and Ronald S. Nixon), Troy, for the plaintiff.

Beier Howlett, P.C. (by Timothy J. Currier and Jeffrey S. Kragt), Bloomfield Hills, for the defendant.


MARKMAN, J.

We granted leave to appeal to consider: (1) whether the use of a park as a "dog park" violates a deed restriction limiting use of the land to "residential purposes only"; and (2) whether a plaintiff has waived the ability to challenge a violation of a deed restriction when the plaintiff has failed to challenge less serious violations of the deed restriction in the past. We affirm the judgment of the Court of Appeals that use of land for a "dog park" violates...

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