Michigan's Procrustean Deed Restriction Jurisprudence: It is Time to Correct Michigan's Accidental Deed Restriction Caselaw

In 1934, the Michigan Supreme Court cautioned, “Building restriction cases are governed by particular facts, and it is neither possible nor desirable to establish a measuring stick and thereafter cut cases to fit, for that would be too Procrustean.”1 Procrustes is the figure in Greek mythology who chopped or stretched his victims to make them fit into an iron bed. Nearly 80 years after this warning, through a traceable mutation of the law, Michigan courts apply just such a Procrustean measuring stick in deed restriction cases—with the predicted arbitrary, unjust, and incorrect results.

Click here to read more.