Demarco v. Palazzolo
Michigan Court of Appeals
209 N.W.2d 540 (1973)
The Pantelis' (plaintiffs) property was the only lot in a residential subdivision facing what was once a small road but later became a commercialized, doubled-in-size road running alongside a newly constructed freeway, generating significant traffic, dirt, and noise; restrictive covenants limited the subdivision to residential use, and the trial court voided the covenants as to the Pantelis' property while requiring them to build a barrier protecting neighboring owners (defendants), whose own lots did not face the changed road, from the resulting commercial disruption.
Whether changed circumstances outside a covenanted subdivision may be considered in determining whether enforcement of restrictive covenants still benefit the dominant estates within the subdivision.