Opinion
No. 121929.
January 28, 2003.
COA: 229996, Wayne CC: 99-932614-CH
On order of the Court, the application for leave to appeal from the June 18, 2002 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the opinion and order of the Wayne Circuit Court. The trial court's finding that the character of the neighborhood had not undergone extensive changes in spite of the violations of the covenants is not clearly erroneous. There is no waiver of restrictions where the character of the subdivision has not been so altered as to defeat the original purpose of the restrictions. O'Connor v Resort Custom Bldrs, Inc, 459 Mich. 335, 346 (1999).
We do not retain jurisdiction.
Cavanagh and Kelly, JJ., would deny leave to appeal.