McMillan v. Iserman

Plaintiffs sued the defendants, alleging that the defendants’ proposed use of property in their subdivision violated an . amended deed restriction which prohibited the use of any subdivision lots for a state-licensed group residential facility, as that term is defined in MCL 125.216a; MSA 5.2961(16a), and MCL 125.583b; MSA 5.2933(2). The trial court granted the defendants’ motion for summary judgment on the basis that the amended deed restriction discriminates against mentally impaired persons and thereby violates the Fourteenth Amendment to the United States Constitution. Plaintiffs appealed…