MacK Outer Drive Improvement Ass'n v. Merrill

Pursuant to Act No. 36, Pub. Acts of 1929 (3 Comp. Laws 1929, § 13903 et seq. [Stat. Ann. § 27.501 et seq.]), plaintiffs instituted suit to obtain a declaratory decree to the effect that three lots owned by defendant were subject to a certain building and use restriction. Following a hearing on the merits, the trial judge decreed that the restriction governed the use of defendant’s lots. Defendant has appealed.

All of the parties except the corporate plaintiff own lots in Grosse Pointe Manor subdivision. The corporate plaintiff is composed of property owners in Grosse Pointe Manor subdivision,…