Patrick Bossenberry owned a house in a planned community area. Each lot in the area was limited by a restrictive covenant to use for a single-family dwelling. The covenant defined family as a blood or marital relationship between most of the occupants. Bossenberry rented his building to Kay-Jan, Inc., which wanted to use the building as a care home for not more than six adult mentally retarded persons. The neighbors sought to enjoin this use as a breach of the covenant. A number of Michigan statutes had been adopted that advanced the public policy of providing care for mentally retarded persons.
Could the neighbors prevent the use of the property as a care home for mentally retarded
adults? [Craig v. Bossenberry, 351 N.W.2d 596 (Mich. App.)]

  • CreatedJune 06, 2014
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