Rofe v. Robinson

(On Remand)

J. X. Theiler, J.

On remand from the Supreme Court, 408 Mich 899 (1980), we are to reconsider Rofe v Robinson, 93 Mich App 749; 286 NW2d 914 (1979), in light of Redfern Lawns Civic Ass’n v Currie Pontiac Co, 328 Mich 463; 44 NW2d 8 (1950). Redfern was cited and relied upon by the trial judge in his well-developed opinion, and, in passing, he noted, as do we, that the Supreme Court in Redfern reversed the trial court which had found that a subdivision’s restriction as to use was not enforceable.

We determine upon reconsideration, as upon first consideration, that Redfern is to be…