made in the deed to a purchaser of any other lot to any restrictions on lot 4. The restrictions in the deed of lot 4 to Taylor make no mention of a 22-foot building line on Windemere, and as to that street expressly · permit the building of a $2,500 residence on the rear of the lot within 10 feet of the street line, specifying a different building line for the front on Woodward avenue, which impliedly negatives the claimed inference from the blue line on the map of an intention to apply it to lot 4.

If conditions had continued as anticipated when this subdivision was platted and Highland Park remained a quiet village of suburban homes the owner of lot 4 had the right under the residential restrictions imposed upon it to "bottle up" Windemere avenue and cut off the view towards Woodward to within 10 feet of the Windemere line, by the erection of two wooden dwellings at a total cost of $6,000. Under the conceded changed conditions the proposed expensive and attractive bank building only cuts off 8 feet more of the view from Windemere. This building is clearly shown to be a legitimate step in furtherance of building up Woodward avenue in that locality as a business street in harmony with what plaintiff's president states is generally felt should be done. It is designed solely for a banking building, to be devoted exclusively to the increasing business of the defendant bank, which has outgrown the capacity of its rented quarters in Highland Park at the corner of Woodward and Cottage Grove avenues, where it has been located for between three and four years. To adequately and appropriately meet the demands of its banking business, this structure as planned and to be built, will be 60 feet in depth with a frontage of about 52 feet on Woodward avenue, its north side at the north line of lot 4 and its southerly side 2 feet north of its south line along Windemere. It is called a classical design, the

exterior of white cut stone and ornamental work with large fluted column pilasters, "classical corners," and large Roman arch windows, the design to be carried out on the Windemere side of the building also, in which will be four of the arch windows. It is not questioned that such a building is warranted under developed business conditions in that locality, and experienced real estate dealers testify the legitimate demand for business locations along Woodward avenue in that vicinity is such that the frontage of lot 4 is worth at a fair market value for business purposes $850 per foot, that it has no market value for residence purposes and no residences have been built in Highland Park on that street within the past six or seven years. Plaintiff's president, in explaining how certain lots in close proximity on the same side of Woodward avenue had been "lifted out" of the restrictions by consent of the association, said: "We realized that this property was absolutely worth nothing except for business purposes." This admission suggests as well in point the proposition that equitable jurisdiction of chancery courts to enforce restrictive covenants made in evident reference to a continuance of then existing and anticipated demand for quiet suburban homes, will not as a rule be exercised to compel observance of a residential restriction, which when imposed had in view use for dwelling purposes only of property which subsequently by unanticipated development and advance of business became, from changed conditions, strictly business property and no longer of use or value for the purpose to which it was restricted. 2 Devlin on Real Estate (3d Ed.), § 991c; Berry on Restrictions, § 403.

That there has been a marked change of conditions in that locality, especially in the character of Woodward avenue, from those shown as existing when Moore v. Curry, supra, was tried is admitted by plain

205-Mich.-35.

tiff and emphasized by the testimony of its own witnesses. They testify that in 1905 when this subdivision was platted it was "a country section," since which time Detroit has so developed and solidly grown to the northward that it now entirely surrounds Highland Park until it is impossible for the latter "to expand any further"; that "there has been a vast growth of manufacturing and business institutions out there, and Woodward avenue has greatly changed its character since 1913-nearly all of the business places there have been built since 1911"; all Woodward avenue in that vicinity being “an exceptionally noisy, busy street and is growing more and more so every day"; the lots fronting upon it being valuable only for business purposes and past imagining for a residence; nor has a dwelling facing Woodward avenue ever been built on any of the lots in that subdivision.

Plaintiff's attitude is shown to have been in various instances actively repugnant to maintaining Woodward avenue within the limits of this subdivision for residence purposes only according to the general plan adopted by the platter for its improvement and development now invoked, and has in its capacity as an improvement association contributed helpfully to developing that part of Woodward avenue as a business street by agreement with owners of certain lots in the subdivision fronting Woodward, upon which it was proposed to erect business blocks, that they "should be lifted out of the restrictions." Lots 5, 6 and 7 in the subdivision, immediately north of the lot in question here, were thus emancipated by plaintiff. In some instances resort was had to the chancery court for ratification of the project through injunction proceedings, ostensibly instituted by plaintiff to enforce the restrictions and contested by the lot owner on the ground of changed conditions similar to those urged here by defendant, resulting in admittedly consent

decrees agreeable to previous agreements or understandings that such lots should be lifted out of the restrictions, with a provision in each decree that it should not operate as a waiver by plaintiff "or any other persons interested," as to other lots in the subdivision. They certainly would not operate as a waiver by any other person not a party to the proceeding, but it may well be questioned how long the courts are open to plaintiff in its improvement and protective activities for negative and affirmative action on a program of selective lifting of limitations on a street where it has by prior participation, in so practical and positive a manner, committed itself to the proposition of unquestioned changed conditions; and necessarily changed conditions of a kind not within contemplation of the parties when the limitations were imposed, which have so frustrated the general scheme then devised for use of the subdivision, so far as Woodward avenue is concerned, as to entirely defeat the object of the restrictive covenants, and in various unanticipated ways materially affected the possible use and values of property fronting on that thoroughfare. With these changed conditions conclusively shown and conceded as to that street as it extends through the subdivision, the building and business limitations as to lots fronting on it become obsolete. It is here urged that a single and disputed feature of these residential restrictions should now be enforced against this lot as a matter of right in a court of equity on the strength of this questionable blue line. The object and scope of the limitations in the deed to defendants' grantors was in furtherance of a scheme by the platters of the subdivision to exclude all trade or business, and restrict its use to residential purposes with only a restricted kind and number of dwellings built upon it. Concededly the servient estate on this lot is in effect and for practical purposes de

stroyed by the changed conditions which now make it unfit and worthless for such use. In Sharon Iron Co. v. City of Erie, 41 Pa. St. 341, it is said:

"A condition that destroys an estate is to be taken strictly, and it is established law that a condition once dispensed with, in the whole, or in part, is dispensed with forever, and as to all the land, for a condition is entire, and cannot be apportioned except by act of law."

The right and duty of a chancery court to enforce restrictions under its equitable jurisdiction is not absolute. In the exercise of such jurisdiction the same general equitable considerations and rules are recognized as move the court in passing upon applications to compel specific performance of contracts. Certainly no decree of this court can retain or restore the quiet suburban conditions existing and contemplated when those residential restrictions were imposed. It cannot eliminate the "vast growth of manufacturing and business institutions out there," and invasion of traffic which has made "all Woodward avenue in that vicinity" an exceptionally noisy and busy street. This unforeseen and radical change in condition and character of the street has defeated the object and purpose of the restrictive covenants upon this lot, which had relations to protecting the home, or dwelling house, and equity does not now, under the concessions and facts shown, demand that defendant be enjoined from improving and using as proposed this lot thus made worthless for residential purposes.

The decree dismissing plaintiff's bill of complaint is affirmed, with costs.

BIRD, C. J., and OSTRANDER, MOORE, BROOKE, FELLOWS, and STONE, JJ., concurred. KUHN, J., did not sit.