Property Dispute

Court/Case No: Oakland County Circuit Court/15-148532-CH

Tried/Argued Before: Judge

Demand:  $100,000 at facilitation

Verdict: Dispositive motion granted

Name of Judge(s): Honorable Judge Hala Jarbou

Keys to the Case:

Plaintiffs filed a lawsuit against their neighbor, claiming the placement of the home violated the subdivision’s deed restrictions. The deed restrictions required a 40’ setback and the home was only 31’ behind. The Association granted a variance to the homeowner, effectively waiving the requirement.

The Plaintiffs alleged the Association committed fraud; breached their fiduciary duties to the Plaintiffs; and violated the Michigan Non-Profit Corporation Act. Plaintiffs sought damages from the Association. Plaintiffs sought an injunction against the Co-Defendant homeowner, wherein they would be required to bring the home into compliance including but not limited to substantial re-construction to the home.

At the close of discovery, Defendant Association filed a Motion for Summary Disposition, alleging Plaintiffs failed to establish the elements of fraud; that the variance was properly granted; and that there was no violation of the Michigan Non-Profit Corporation Act.

The parties appeared for oral argument on July 13, 2016. An Opinion and Order was issued on July 14, 2016, wherein Judge Jarbou granted the motion and dismissed all claims against the Association.

The Order concluded there was no genuine issue of material fact that Plaintiffs could not establish the elements of fraud. Similarly, the Court opined there was no dispute as to the Association’s ability to grant the variance. As such, Plaintiffs failed to establish the Association breached any fiduciary duty to the Plaintiffs or violated the Michigan Non-Profit Corporation Act.

Defense SW attorney(s) Involved in Case: