Terrien v. Zwit

We granted leave in this case to consider whether covenants permitting only residential uses, and expressly prohibiting commercial, industrial, or business uses, preclude the operation of a “family day care home.” We also granted leave to consider whether a covenant precluding such an operation is unenforceable as violative of Michigan “public policy.” The circuit court granted summary disposition in favor of defendants, holding that a covenant precluding the operation of a “family day care home” *59is contrary to the public policy of the state of Michigan. The Court of Appeals affirmed, but for…