Bastendorf v. Arndt

The question herein presented is whether the erection by defendant of a building in Windmill Pointe Subdivision, Detroit, to be used for a school of dance and drama, is a violation of a restriction, the pertinent part of which is as follows:

“On all lots fronting on Alter road * * * no building shall be erected on any lots, except a single house, a double house, or a duplex flat. * * * Schools and churches or other public buildings may be constructed on lots numbered 133 to 174, both inclusive, in which case the restrictions in this paragraph do not apply.”

The stipulated facts indicate that…