Opinion
No. 111387.
November 24, 1998.
Summary Dispositions November 24, 1998.
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the opinion and order of the Jackson Circuit Court is reinstated. MCR 7.302(F)(1). Negative covenants such as those in the Lake Columbia subdivisions are grounded in contract. In an action to enforce such a covenant, the intent of the drafter controls. The provisions are to be strictly construed against the would-be enforcer, however, and doubts resolved in favor of the free use of property. Livonia v. Dep't of Social Services, 423 Mich. 466, 525 (1985). In this case, plaintiff concluded that modular or manufactured homes were "too similar" to other homes in the subdivision after approximately 75 such homes had been placed in the subdivision over a 30-year period. Consequently, the deed restriction had been abandoned. Oosterhouse v. Brummel, 343 Mich. 283 (1955); Margolis v. Wilson Oil Corp, 342 Mich. 600 (1955). Jurisdiction is not retained. Court of Appeals No. 198959.
BOYLE and TAYLOR, JJ.
We would grant leave to appeal.
Reconsideration denied February 25, 1999.