Sanborn v. McLean

Facts

The Defendants, Christina McClean and John McClean, owned a large tract of land in the City of Detroit. The land was at the northeast corner of Collingwood Avenue, a high grade residence street with single, double, and apartment houses. On their tract of land, the Defendants had a dwelling home which they occupied. At the rear of the tract of land was an alley and the Defendants began to erect a gas station in this area. The Plaintiffs, Sanborn and other neighbors, were owners of land adjoining and near the Defendants’ land, sued to enjoin the construction of the gas station on the basis that the gas station would be a nuisance per se, and in violation of the general plan for use of all the lots on Collingwood Avenue for residence purposes only. The Plaintiffs also claim that the Defendants’ lot is subject to a reciprocal negative easement barring a use detrimental to the enjoyment and value of its neighbors. The Defendants deny that the gas station is a nuisance per se and that their land was purchased without notice of any reciprocal negative easements.