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O'Connor v. Resort Custom Builders, Inc.

591 N.W.2d 216 (1999)

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O'Connor v. Resort Custom Builders, Inc.

Michigan Supreme Court

591 N.W.2d 216 (1999)

Facts

A subdivision's covenants restricted the use of subdivision lots to residential purposes. Resort Custom Builders, Inc. (company) (defendant) owned one such lot and built a house for which it could not find a purchaser. The company decided to sell interval-ownership timeshares in the property to multiple purchasers, giving each purchaser the exclusive right to use the house for one or two weeks each year, and a corresponding undivided interest in the property. O'Connor and other lot owners (owners) (plaintiffs) sued the company, contending that the company's plan would violate the subdivision's residential-use covenant. The trial court agreed, but an appellate court reversed the trial court's judgment. The owners appealed to the Michigan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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