JOHNSON FAMILY LTD. PARTNERSHIP v. WHITE PINE WIRELESS, LLC

Docket Nos. 278258, 278695.

761 N.W.2d 353 (2008)

281 Mich. App. 364

JOHNSON FAMILY LIMITED PARTNERSHIP v. WHITE PINE WIRELESS, LLC.

Court of Appeals of Michigan.

Decided October 30, 2008, at 9:00 a.m.

October 30, 2008.


Attorney(s) appearing for the Case

Mark A. Hullman, Traverse City, for the plaintiff.

Bishop & Heintz, P.C. (by Steven R. Fox and Douglas S. Bishop), for White Pine Wireless, LLC.

Tom H. Evashevski, St. Ignace, for J.P.M.S., Inc.

Before: O'CONNELL, P.J., and BANDSTRA and GLEICHER, JJ.


BANDSTRA, J.

In this suit to reform a deed and enforce restrictions, defendants J.P.M.S., Inc. (JPMS), and White Pine Wireless, LLC (White Pine), appeal as of right the trial court's grant of summary disposition in favor of plaintiff, Johnson Family Limited Partnership (the Partnership). On appeal, the primary issues are whether the trial court could properly reform an unambiguous deed to include omitted deed restrictions notwithstanding the doctrine of merger, whether...

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