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MICHAEL H RICE V KIT C BOWMAN
State: Michigan
Court: Court of Appeals
Docket No: 274968
Case Date: 01/15/2008
Preview:STATE OF MICHIGAN
COURT OF APPEALS

MICHAEL H. RICE, SUSANNA I. RICE, MICHAEL J. BECK, MARY A. BECK, and JAMES SENSTOCK, Plaintiffs-Appellants, v KIT C. BOWMAN, Defendant-Appellee. No. 274968 Macomb Circuit Court LC No. 05-003138-CZ UNPUBLISHED January 15, 2008

Before: Fitzgerald, P.J., and Markey and Smolenski, JJ. PER CURIAM. In this action to enforce restrictive covenants, the trial court denied plaintiffs' motion for summary disposition under MCR 2.116(C)(10), and granted summary disposition in favor of defendant under MCR 2.116(I)(2). Plaintiffs appeal by right. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Plaintiffs reside and own lots in Venice Shores Subdivision No. 3, which borders Lake St. Clair and contains man-made canals. One canal was dug into a 50-foot easement along the eastern border of the subdivision. On the west side of the canal, completely within the Venice Shores, there are homes and lots. On the east side of the canal there is a 3
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