EQUITY-INJUNCTION-NONCONFORMANCE OF LUSTRON HOUSE TO BUILDING RESTRICTIONS

Plaintiffs, as landowners in a restricted Detroit subdivision, sought to restrain the defendants from erecting a Lustron house in violation of restrictions limiting construction to full basement, one-family dwellings, costing a minimum of $6,000 and composed of brick, brick veneer, hollow tile or stucco. These restrictions were imposed on all lots in the subdivision by the original owner in 1925. The Lustron house, although costing approximately $7,500, had no basement and was constructed entirely of steel. After agreeing to remove it should the court enforce the restrictions, defendants erected the house.

On appeal from a decree granting an injunction, held, affirmed by an equally divided court. Evergreen Village Civic Assn. v. Oakborn, Inc., 327 Mich. 161 (1950).