Mable Cleary Trust v. Edward-Marlah Muzyl Trust

At issue in this case is the right to develop certain mineral interests; specifically, the right to gas exploration and development in a residential subdivision. Plaintiff, the Mable Cleary Trust, owns three lots in the subdivision and brought suit against defendants Dale Smith, William Muzyl, the EdwardMarlah Muzyl Trust, Thomas and Susan Tomkow, and Paxton Resources alleging that the mineral development violated the subdivision’s restrictive covenants. The trial court granted defendants’ motions for summary disposition and plaintiff appeals as of right. We affirm in part, reverse in part,…