DeMarco v. Palazzolo

Plaintiffs, individual owners of lots fronting on Ten Mile Road near Mackinac Street in the City of Roseville, Michigan, brought this action seeking to have certain restrictive covenants limiting land use to residential purposes declared void. Defendants are adjacent property owners whose lots front on Mackinac Street. Plaintiffs prevailed below; defendants appeal as of right.

At the outset, we note that appellate review of this matter, traditionally sounding in equity, is de novo; however, a lower court’s decision will not be reversed unless the evidence is found to preponderate contrary to…