Ronald W Lech Ii v. Huntmore Estates Condominium Association

Order Michigan Supreme Court
Lansing, Michigan
June 20, 2012 Robert P. Young, Jr.,
Chief Justice
144356-7 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
RONALD W. LECH II, Brian K. Zahra,
Plaintiff/Counter-Defendant/Appellee, Justices
v SC: 144356-7
COA: 296489; 297196
HUNTMORE ESTATES CONDOMINIUM Livingston CC: 08-024045-CH
ASSOCIATION,
Defendant/Counter-Plaintiff/Appellee,
and
JACOBSON ORE CREEK LAND
DEVELOPMENT, L.L.C. and SCOTT R.
JACOBSON, d/b/a S.R. JACOBSON LAND
DEVELOPMENT, L.L.C.,
Defendants-Appellants.
________________________________________/
On order of the Court, the application for leave to appeal the October 6, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals as it
applies to the Jacobson defendants and REINSTATE the Livingston Circuit Court’s order
granting the Jacobson defendants’ motion for summary disposition. The Court of
Appeals erred in finding that the plaintiff could assert the rights of LANS Development
Corporation because a covenant against encumbrances is personal and does not run with
the land. Pease v Warner, 153 Mich 140, 151-152 (1908); McMurtry v Smith, 320 Mich
304, 308 (1948). Moreover, the orders entered by the Livingston Circuit Court in the
interpleader action, Case No. 05-021757-CH, did not confer upon the plaintiff the right to
assert the rights of LANS Development Corporation. With respect to Count IV of the
plaintiff’s complaint, MCL 559.184a was not applicable because, under the unique
circumstances of this case, the plaintiff was not a “prospective purchaser.”
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 20, 2012 _________________________________________
h0613 Clerk