Ardmore Park Subdivision Ass'n, Inc. v. Simon

If Robert Frost’s New England neighbors had met in the urban subdivision known as Ardmore Park in St. Clair Shores, they might have had more than ample reason to question why "Good fences make good neighbors”. This seemingly innocuous litigation has struggled through the circuit court where defendant was granted summary judgment, GCR 1963, 117.2(3). The plaintiff association appeals. We reverse the grant of summary judgment and remand to the trial court.

At issue is a six-foot-high fence erected by defen dant on her property, allegedly in violation of subdivision building restrictions. When…