Morgan v. Matheson

In this equity action plaintiffs, residential property owners, sought injunctive relief to enforce a subdivision residential restriction against defendants to keep them from constructing 2 commercial parking lots. After taking extensive testimony, the circuit judge denied the relief sought, principally on the ground that the restrictions had been abandoned. Plaintiffs appeal.

• The DeWitt H. Taylor subdivision was platted in 1907. It extended west from Woodward avenue on both sides of Taylor avenue for a distance of 3 blocks, terminating at Hamilton (now John C. Lodge expressway). It…