Birmingham Park Improvement Ass'n v. Rosso

This case involves the right of defendants Rosso to a claimed easement across certain property belonging to the defendant city of Birmingham. The material facts involved are not in dispute. In June, 1920, a corporation known as the H. and M. Land Company, being the owner of land located in Bloomfield township and the then village of Birmingham, caused to be recorded a plat thereof designated as Birmingham Park Allotment. The present controversy is concerned with lot 109 of said subdivision.

The plat did not impose restrictions on the lots but by subsequent written agreement dated July 27,…