Mcmillan v. Iserman

120 Mich.App. 785, 327 N.W.2d 559 (1982)

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Nature of the Case

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Facts

The subdivision at issue was subject to a restrictive covenant which allowed for amendment of the restrictions with the consent of at least three-fourths of the property owners. Iserman (D) purchased a lot in the subdivision for use as a state-licensed group residential facility. After D purchased the lot, the other lot owners (P) amended the subdivision's restrictive covenant to prohibit use of any of the lots as a group residential facility. P then sued to enforce the amended covenant against D. D moved for summary judgment. The trial court granted D's motion on the basis that the amended restrictive covenant discriminates against mentally impaired persons, and was therefore in violation of the Fourteenth Amendment. P appeals. D also appeals with respect to the trial court's findings regarding the retroactive application of the amended restrictions.