Legal Opinion

Jayno Heights Landowners Ass'n v. Preston

Michigan Court of Appeals

Decided September 5, 1978No. Docket 77-1765PublishedCited by 19 opinions

1Opinion of the CourtJ. H. Gillis, J.

Defendants appeal as of right from an order entered in Oakland County Circuit Court granting plaintiff’s motion for summary judgment. The judgment upheld the validity of a restrictive covenant and enjoined defendant Preston from using his residence as an adult foster care facility.

Plaintiff Charter Township of Waterford had intervened in the matter in an effort to enforce its zoning ordinance, but withdrew by stipulation of the parties due to the passage of MCL 125.286a; MSA 5.2963(16a) which provides that a state licensed residential facility providing supervision or care, or both, to six or…

2Cases cited7 opinions

  1. Carmichael v. Northwestern Mutual Benefit Ass'nMichigan Supreme Court · 1883
  2. Boston-Edison Protective Ass'n v. Paulist Fathers, Inc.Michigan Supreme Court · 1943
  3. Phillips v. LawlerMichigan Supreme Court · 1932
  4. Oosterhouse v. BrummelMichigan Supreme Court · 1955
  5. Morgan v. MathesonMichigan Supreme Court · 1961

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3Cited by19 opinions

  1. Slaby v. Mountain River Estates Residential Ass'nCourt of Civil Appeals of Alabama · 2012
  2. Malcolm v. ShamieMichigan Court of Appeals · 1980
  3. Beverly Island Ass'n v. ZingerMichigan Court of Appeals · 1982
  4. Shaver v. HunterCourt of Appeals of Texas · 1981
  5. Leland Acres Homeowners Ass'n, Inc. v. RT PARTNERSHIPMichigan Court of Appeals · 1981

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