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MAZZOLA v. DEEPLANDS DEVELOPMENT COMPANY

No. 343878.

942 N.W.2d 107 (2019)

329 Mich. App. 216

Thomas MAZZOLA, Kathryn Mazzola, Edward Schervish, Rhonda Schervish, Lillian Kachadourian, Behrouz Oskui, Anthony Said, Aristidis Thanasas, Panagiota Thanasas, Peter Macuga, Lisa Macuga, Gregory Ahee, Elizabeth Ahee, Benjamin Best, Lynne Best, and Bharani Yerramalli, Plaintiffs-Appellants, v. DEEPLANDS DEVELOPMENT COMPANY LLC, Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 25, 2019, 9:00 a.m.

Attorney(s) appearing for the Case

Giarmarco, Mullins & Horton, PC, Troy (by Dennis M. Rauss ) and John B. Lizza , Grosse Pointe Farms, for plaintiffs.

Abbott Nicholson, PC, Detroit (by William D. Gilbride, Jr. , Christopher R. Gura , and Erin R. Cobane ) for defendant.

Before: Gadola, P.J., and Boonstra and Swartzle, JJ.

Restrictive covenants and negative reciprocal easements on real property implicate two fundamental freedoms—the freedom to contract and the freedom to use property. When an owner voluntarily agrees to restrict a particular use of real property, the owner need not, at the same time, also reserve all of the other, lawful uses of...

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