Rosenzweig v. Rose
Michigan Supreme Court
Appeal from Wayne; Hally, J. Bill by Charles Rosenzweig and others against Albert A. Rose to restrain the violation of certain building restrictions. From a decree for plaintiffs, defendant appeals.
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Appeal from Wayne; Hally, J. Bill by Charles Rosenzweig and others against Albert A. Rose to restrain the violation of certain building restrictions. From a decree for plaintiffs, defendant appeals. The material facts with reference to this controversy are thus concisely stated in the opinion of the trial judge who heard the testimony and entered the decree: “The plaintiffs, Charles Rosenzweig and Dora, his wife, Joseph C. Robinson and Mary, his wife, William McMahon and Mary, his wife, Frederick Toepel and Susannah, his wife, and Oscar Kretzschmar and Margaret, his wife, are respectively the…
1Opinion of the CourtKuhn, J.
(after stating the facts). The contention of counsel for the defendant and appellant is thus stated in their brief:
“It is the contention of the defendant that the restriction which was originally imposed upon the whole *684of the subdivision has been abandoned and ceases to exist, by reason of the many violations that it has suffered, and that the conditions of the subdivision and the surrounding locality have so changed as to make it inequitable to enforce the restriction.”
The court below found that there had not been a complete change in the neighborhood. We are satisfied that in this…
2Cases cited8 opinions
- Schadt v. BrillMichigan Supreme Court · 1913
- Misch v. LehmanMichigan Supreme Court · 1913
- Moore v. CurryMichigan Supreme Court · 1913
- Casterton v. PlotkinMichigan Supreme Court · 1915
- Davison v. TaylorMichigan Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ward v. Prospect Manor Corp.Wisconsin Supreme Court · 1926
- Swan v. MitshkunMichigan Supreme Court · 1919
- De Galan v. BarakMichigan Supreme Court · 1923
- Signaigo v. BegunMichigan Supreme Court · 1926
- Killian v. GoodmanMichigan Supreme Court · 1924
7 more not listed; retrieve them via the Exa API.