North Cherokee Village Membership v. Murphy

248 N.W.2d 629, 71 Mich. App. 592, 1976 Mich. App. LEXIS 988
CourtMichigan Court of Appeals
DecidedOctober 18, 1976
DocketDocket 23165
StatusPublished
Cited by9 cases

This text of 248 N.W.2d 629 (North Cherokee Village Membership v. Murphy) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Cherokee Village Membership v. Murphy, 248 N.W.2d 629, 71 Mich. App. 592, 1976 Mich. App. LEXIS 988 (Mich. Ct. App. 1976).

Opinions

D. C. Riley, J.

We are asked to decide whether a restrictive covenant banning "house trailers and tents” can be interpreted to include within its prohibition the placement of a "double-wide” mobile home on appellants’ lot.

Appellants’ deed, like those of all other property owners in the North Cherokee Village subdivision, contains the following restrictive covenant:

[594]*594"No house trailers or tents allowed on subdivision.”

Aware of the restriction, appellants consulted their real estate agent and township officials to ask whether a "double-wide” mobile home would fall within the language of the covenant. In addition, they made somewhat half-hearted but unsuccessful attempts to seek the advice of the president of the homeowners association in their subdivision. The real estate agent advised them that as long as the structure complied with other deed restrictions, they could place the mobile home on their lot. They did so.

The mobile home, manufactured in two halves and carted separately to the premises, bore a certificate of title denominating it as a "trailer coach, double-wide”. Pursuant to a Denton Township building permit the two sections were placed on a concrete block foundation and bolted together after removal of the two separate chassis. As conjoined the edifice has dimensions of 44 feet by 24 feet with three bedrooms, two baths, living room, dining room and kitchen, totaling 1,056 square feet of living space. Its purchase price was $12,000. It is equipped with connections to gas, electric, water and sewage lines. The roof is gabled with asphalt shingles. In all other respects, the structure complies with applicable deed restrictions, namely, clauses prohibiting structures with less than 900 square feet of usable floor space or those with flat roofs.

Two months after the mobile home had been placed on the lot, appellee brought suit seeking removal of the structure. The court below, holding that the wording of the restriction could reasonably be construed to embrace appellants’ dwelling, [595]*595issued an injunction commanding appellants to remove or raze the structure.

We begin with recognition of the general rule that covenants are construed strictly against those claiming the right of enforcement and all doubts are resolved in favor of the free use of property. Sampson v Kaufman, 345 Mich 48; 75 NW2d 64 (1956), Broeder v Sucher Bros, Inc, 331 Mich 323; 49 NW2d 314 (1951). In addition, it is well settled that a court of equity will not enlarge the scope of a covenant beyond the clear meaning of the language employed. Sampson, supra, Broeder, supra.

In urging our affirmance of the injunction, appellee refers us to the definition of trailer coach contained in the Mobile Home Park Act (MHPA), MCLA 125.1002(a); MSA 5.278(32)(a)1, and to the definition of mobile home in the Michigan Vehicle Code, MCLA 257.719a(b); MSA 9.2419(1)(b),2 both of which, it is argued, prove that appellants’ mobile home is a "house trailer” under the covenant.

We believe this argument miscarries. To ferret the meaning of "house trailer” by reference to the various definitional provisions of the Michigan Vehicle Code and the MHPA is to pursue false leads. The quoted definitional sections in these two statutes each begin with the caveat that the defined terms have the meaning so ascribed to them for purposes of the particular statute or section in [596]*596which they are found. Hence, if this Court were to impute a statutory definition to the language in a private restrictive covenant, we would be rewriting the parties’ respective obligations in a manner not contemplated by their original undertaking.

Such an approach appears all the more ill-advised when one considers that the Michigan Vehicle Code and the MHPA were amended in 1969 and 1970 respectively to add the term modular or modules in the definition of mobile homes, MCLA 257.719a(b); MSA 9.2419(1)(b), and trailer coaches, MCLA 125.1002(a); MSA 5.278(32)(a), whereas the deed restrictions were written in 1967.

Thus, it strains credulity to assume that the drafter of the covenant by using the words "house trailer” in 1967 really meant’ these words to encompass whatever the Legislature would later define as a mobile home or trailer coach. We cannot ascribe such elasticity to the phrase "house trailer”.

We are presented, then, with the question whether appellants’ "double-wide mobile home” is a house trailer within the scope of a restrictive covenant proscribing "house trailers or tents”. This narrow issue is one of first impression in Michigan although Courtland Twp v Cole, 66 Mich App 474; 239 NW2d 630 (1976), did consider the validity of a township zoning ordinance banning "trailer coaches” in agricultural and residential zones. In Cole, this Court upheld the ordinance despite defendant mobile homeowner’s claim that removal of the axles and undercarriage deprived the home of mobility and thus transformed it into an ordinary dwelling. Since the township’s ordinance defined "trailer coach” expansively as "any vehicle or structure * * * so designed that it is or may be mounted on wheels”, Id at 476-477, this [597]*597Court held that the mobile home violated the ordinance because of its potential mobility. In the present case, however, Cole sheds little light since, unlike the zoning ordinance, the terse deed restriction makes no reference to the possibility that the wheels and chassis might be reconnected to a "house trailer”.

A view of those cases outside of Michigan which have fully explored the issue reveals what at first blush might appear as the weight of authority in support of appellee’s position. On closer examination, however, these cases are clearly distinguishable from the case at bar because, like Cole, supra, the various restrictive covenants analyzed by the courts were phrased much more comprehensively than the instant restriction.

In Brownfield Subdivision, Inc v McKee, 19 Ill App 3d 374; 311 NE2d 194 (1974), aff'd, 61 Ill 2d 168; 334 NE2d 131 (1975), the Illinois Court of Appeals, faced with a suit by adjoining lot owners to remove defendant’s double-wide mobile home from their subdivision, affirmed the lower court in upholding the following restrictive covenant:

" 'No structure of a temporary character, trailer, basement, tent, shack, mobile home or garage shall be used on any lot, at any time, as a residence, either temporarily or permanently.’ ” 19 Ill App 3d at 374; 311 NE2d at 195.

There the court held that defendant’s detachment of the mobile home’s running gear and undercarriage and the placement of the unit on a concrete block foundation with triple I-beams as additional support did not change its basic character as a mobile home:

"In essence, we come down to this, once a mobile [598]*598home, always a mobile home. * * * Having started life as a mobile home, lack of mobility created by the user does not render it not a mobile home.” Id at 379; 311 NE2d at 198.

When the McKee litigation reached the Illinois Supreme Court the mandatory injunction requiring removal was again affirmed but on different grounds. Relying on Timmerman v Gabriel,

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North Cherokee Village Membership v. Murphy
248 N.W.2d 629 (Michigan Court of Appeals, 1976)

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Bluebook (online)
248 N.W.2d 629, 71 Mich. App. 592, 1976 Mich. App. LEXIS 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-cherokee-village-membership-v-murphy-michctapp-1976.