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McMillan v. Iserman

327 N.W.2d 559 (1982)

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McMillan v. Iserman

Court of Appeals of Michigan

327 N.W.2d 559 (1982)

Facts

Iserman (defendant) entered into a lease to construct and operate a residential care facility in a subdivision subject to deed restrictions. Subdivision property owners, in accordance with provisions of the deed restrictions, voted to amend the deed restrictions to prohibit the use of subdivision property for any group residential facility as defined by statute. McMillan (plaintiff) filed suit claiming that Iserman’s proposed use breached the subdivision deed restrictions. The trial court invalidated the amended restrictions on the grounds that they discriminated against mentally disabled persons and violated the Equal Protection Clause of the Fourteenth Amendment. The trial court awarded summary judgment in favor of Iserman and McMillan appealed. Iserman cross-appealed and raised in error the trial court’s opinions relating to public policy and the retroactive applicability of the amendment.

Rule of Law

Issue

Holding and Reasoning (Cavanagh, J.)

Dissent (MacKenzie, J.)

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