MI Sup Court rules against dog park

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http://www.lansingstatejournal.com/a...WS01/707200359

Published July 20, 2007
[ From LSJ.com ]
Mich. Supreme Court rules against Birmingham dog park
Evening update

Associated Press

BLOOMFIELD TOWNSHIP - The Michigan Supreme Court has sided with township homeowners who want to close a dog park operated by the neighboring Detroit suburb of Birmingham.

The court's 5-2 ruling this week hinges on an old deed restriction that reserves a portion of the parkland for residential uses. It means dogs no longer will be able to run without a leash in the acre of fenced turf in Springdale Park, as they have done since 2004.

The ruling could have implications for thousands of pieces of property in the state with nearly forgotten deed restrictions.

"Obviously, we feel it's the wrong decision," Jeffrey Kragt, Birmingham's assistant city attorney, told the Detroit Free Press for a story Friday. "We're exploring what the city's options are."

Township residents have complained that the park is noisy and unsightly, creates more traffic and has lowered property values.

"The court absolutely made the right decision after very careful analysis," said Ray Morrow, attorney for the Bloomfield Estates Homeowners' Association.

Justice Stephen J. Markman, writing for the court's majority, declared homeowners could object to the dog run even though they had not complained about other uses of the park. He found that a dog run is not a residential use of land.

Justices Marilyn Kelly and Elizabeth Weaver dissented, writing dogs commonly are found in residences.

"It has alarming implications for tomorrow's interpretation of restrictive covenants in Michigan. And, coming as it does during the dog days of summer when all four-legged creatures long to romp outdoors unrestrained, it marks a howling defeat for Birmingham's canine residents," Kelly wrote.

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