Parcells v. Burton

Plaintiffs filed this action to enjoin defendants Robert and Betty Costello from constructing a residence on property they purchased from defendant Alyce H. Burton, and to enjoin the latter from permitting such construction. The theory of plaintiffs’ action was that the residence, if built, would violate a restriction on the property limiting construction to one house per lot. Plaintiffs had relief below and Alyce H. Burton appeals. Defendants Costello do not appeal.

The land in question is one of five parcels along the north side of Peach Tree Lane, north of Rochester, Michigan. Title to each…