Estates at Hawthorne Woods V Infinity

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
ESTATES AT HAWTHORNE WOODS

CONDOMINIUM ASSOCIATION,
Plaintiff, Case No. 23-005877-CH

Hon. Sheila Ann Gibson
v.
INFINITY-HAWTHORNE WOODS, LLC,
Defendant.
MAKOWER ABBATE GUERRA HOWARD & HOWARD ATTORNEYS PLLC

HOWARD & HOWARD ATTORNEYS PLLC
WEGNER VOLLMER PLLC By: Michael F. Wais (P45482)

By: Benjamin J. Henry (P72222) Jonathan F. Karmo (P76768)
Attorneys for Plaintiff Attorneys for Defendant
30140 Orchard Lake Road 450 West Fourth Street
Farmington Hills, MI 48334 Royal Oak, MI 48067-2557
(248) 671-0137 (248) 645-1483
bhenry@maglawpllc.com mwais@howardandhoward.com
jkarmo@howardandhoward.com
DEFENDANT’S EMERGENCY MOTION TO DISSOLVE TRO AND FOR

IMMEDIATE HEARING WITHIN 24 HOURS PURSUANT TO MCR 3.310(B)(5)
1. This Court’s May 16, 2023 temporary restraining order (“TRO”) was issued on an
ex parte basis resulting from misrepresentations and material omissions made by Plaintiff. The
TRO must be dissolved immediately, and Plaintiff should be sanctioned for its misrepresentations
and omissions that misled this Court to improperly issue Plaintiff’s form ex parte TRO.
2. Defendant Infinity-Hawthorne Woods, LLC (“Infinity”) is entitled to an immediate
hearing, within 24 hours, pursuant to MCR 3.310(B)(5), which provides: “A motion to dissolve a
temporary restraining order granted without notice takes precedence over all matters except older
matters of the same character, and may be heard on 24 hours’ notice. For good cause shown, the
court may order the motion heard on shorter notice.”

3. Moreover, while Infinity seeks the dissolution of the ex parte TRO through the
filing of this motion, it is Plaintiff’s burden “of justifying continuation of the order. . . .” MCR
3.310(B)(5). Therefore, there is no presumption that the TRO was properly entered. Instead, in
response to this motion, Plaintiff bears the burden of establishing that the TRO should be
continued, meaning that Plaintiff bears the burden of establishing all TRO factors have been met
and a continuing TRO is necessary. For the reasons set forth below, Plaintiff has not and cannot
meet this burden and, as such, the TRO must be immediately dissolved.
4. When a party files an ex parte motion for a TRO, the party has a heightened duty
of candor to the Court and cannot hide or ignore the facts and law which the Court should be aware
of to be able to make an informed decision. That is why MCR 3.310(B)(1) requires the filing of a
verified complaint and facts supported by affidavit, so that the Court knows it is relying on
competent evidence when deciding to grant injunctive relief on an ex parte basis.
5. Here, Plaintiff intentionally withheld material facts and misrepresented the nature
of the purported “emergency” in the hope that the Court would rule, on an ex parte basis, without
appreciating the true nature of this dispute. If Infinity had notice of Plaintiff’s motion and an
opportunity to file a response, the Court would easily see that Plaintiff’s requested ex parte TRO
that was entered by the Court is barred by the facts and law and must now be dissolved. By way
of example, Plaintiff failed to advise the Court of all the following:
a. This Court has already ruled, over four years ago in 2019, that Plaintiff
could develop the property at issue in one or more phases. See Consent
Judgment, Infinity Hawthorne Woods, LLC v. Charter Township of Huron,
Case No. 2018-000579-CZ (Ex. 1, at ¶ 12). Plaintiff concedes in its Verified
Complaint that the instant case arises out of the same transaction and
2
occurrence as the prior 2018 case. This Court’s 2019 Consent Judgment
remains in full force and effect, has never been challenged, and explained
in more detail in the supporting brief, cannot be attacked collaterally
through this lawsuit under binding Michigan law.
b. The Township has already stipulated, over four years ago in 2019, that
Plaintiff could develop the property at issue in one or more phases. (Id.).
c. The amended deed challenged in Plaintiff’s lawsuit is in conformance with
this Court’s 2019 Consent Judgment.
d. Plaintiff has known about this Court’s 2019 Consent Judgment authorizing
the development since March of 2020. As such, there was no “emergency”
as Plaintiff waited more than three years after learning of this Court’s 2019
Consent Judgment before filing this frivolous lawsuit and proceeding with
an ex parte TRO motion.
e. The property at issue being developed by Infinity (identified in the TRO as
the “Area of Future Development”) belongs to and is owned by Infinity.
Plaintiff has absolutely no property or legal rights that allow for an order
precluding Infinity from developing its own property.
f. Plaintiff intentionally misled this Court into believing that the property
being developed belongs to Plaintiff when that is absolutely false.
6. As set forth in greater detail in the supporting brief, when the omitted material facts
are considered, as well as the legal standard for granting a TRO, this Court has no option but to
immediately dissolve the TRO.
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7. Plaintiff’s conduct in seeking an ex parte TRO by hiding material facts from the
Court should not be condoned. Plaintiff should be sanctioned for misleading this Court into
improperly entering a TRO.
8. This is precisely why Plaintiff did not give notice to Infinity and instead sought ex
parte relief. A motion for ex parte TRO requires “the applicant’s attorney [to] certif[y] to the court
in writing the efforts, if any, that have been made to give the notice and the reasons supporting the
claim that notice should not be required.” MCR 3.310(B)(1)(b). Here, Plaintiff moved for the
TRO on an ex parte basis without notice to Infinity because Plaintiff wanted to push a TRO through
based on material omissions and misrepresentations. This conduct must be sanctioned.
WHEREFORE, for these reasons, which are explained in more detail in the attached brief
in support, Infinity respectfully requests that this Honorable Court immediately dissolve the TRO
entered on May 16, 2023. To the extent the TRO is not immediately dissolved, Infinity respectfully
requests an immediate hearing within 24 hours, pursuant to MCR 3.310(B)(5). In addition, should
this Court continue the TRO for any reason (which it should not), Plaintiff should be required to
post a significant bond for the reasons explained in the supporting brief.
Respectfully submitted,
Dated: May 17, 2023 By: /s/ Michael F. Wais

Michael F. Wais (P45482)
Jonathan F. Karmo (P76768)
Attorneys for Defendant
450 West Fourth Street
Royal Oak, MI 48067
(248) 645-1483
mwais@howardandhoward.com
4
BRIEF IN SUPPORT OF
DEFENDANT’S EMERGENCY MOTION TO DISSOLVE TRO AND FOR
IMMEDIATE HEARING WITHIN 24 HOURS PURSUANT TO MCR 3.310(B)(5)
I. INTRODUCTION AND BACKGROUND
The May 16, 2023 TRO must be immediately dissolved. It is Plaintiff’s burden to establish
that the TRO should be continued. MCR 3.310(B)(5). Plaintiff cannot meet this burden, as the
TRO only entered based on Plaintiff’s material omissions and misrepresentations. Given
Plaintiff’s conduct, not only should the TRO be dissolved, Plaintiff and its counsel should be
sanctioned for their conduct.

On April 30, 2019, over four years ago, this Court entered a Consent Judgment between
Infinity-Hawthorne Woods, LLC (“Infinity”) and the Charter Township of Huron in the lawsuit
entitled Infinity Hawthorne Woods, LLC v. Charter Township of Huron, Case No. 2018-000579-
CZ (Ex. 1).1 Pursuant to the 2019 Consent Judgment, Infinity was authorized to expand the
existing Hawthorne Woods Condominium project to add 42 units, and the expansion could be
done, in Infinity’s sole discretion, “in any number of phases and site improvements.” (Ex. 1 at p.
8, ¶ 12). The Consent Judgment’s allowance of 42 units are part of Infinity’s Phase II of the
condominium project. Plaintiff, the Homeowner’s Association for the Phase I development, is
seeking to halt Phase II development even though it is expressly authorized by the 2019 Consent
Judgment that remains in full force and effect. This lawsuit and Plaintiff’s Motion for a TRO and
preliminary injunction are frivolous as they ignore that the alleged basis for all claims is precluded
by the 2019 Consent Judgment.
1
The 2019 Consent Judgment resulted from Infinity’s 2018 lawsuit against the Charter Township
of Huron and a court-ordered facilitation. Plaintiff’s Verified Complaint concedes that the 2018
lawsuit between Infinity and the Charter Township of Huron is a prior action that arises out of the
same transaction or occurrence as Plaintiff’s present lawsuit. See Verified Compl., at p. 1.
In addition to the fact that the Consent Judgment expressly authorizes the 42-unit expansion
into Phase II of the development, Plaintiff’s lawsuit and Motion for TRO also ignores the fact that
Phase II is being constructed on property owned by Infinity. In other words, Plaintiff is trying to
stop Infinity from building on its own property. Plaintiff fails to bring this fact to the Court’s
attention. Plaintiff also fails to provide a legal basis which would give Plaintiff a basis to prevent
Infinity from constructing on its own property pursuant to approval by the Township and this
Court.
Ignoring the Consent Judgment and the fact that Plaintiff has no ownership interest in the
property presently under construction, Plaintiff desperately tries to claim that Infinity did not have
the power to record an Amended Site Plan to add the 42 units. However, once again, Defendant
ignores the Consent Judgment that expressly allows the 42 units to be added “in any number of
phases.” Furthermore, at the time Infinity entered into the 2019 Consent Judgment, Infinity owned
more than two-thirds of the units in the condominium project. (Ex. 2, R. Soave Affidavit, at ¶ 4).
As such, Infinity was expressly permitted under the Condominium Act to amend the Master Deed
and condominium documents to allow for the Phase II development. See MCL 559.190(2). In
other words, Infinity had the standing and authority to enter into the 2019 Consent Judgment with
the Charter Township of Huron, and the Consent Judgment complies with the Condominium Act.
Despite claiming an “emergency” resulting from Infinity pursuing Phase II development
as expressly permitted by the 2019 Consent Judgment, there exists no such emergency. Instead,
Plaintiff became aware of the 2019 Consent Judgment by March 2020 at the latest. (Ex. 2, R.
Soave Affidavit, at ¶¶ 5–6). More specifically, Plaintiff (and the co-owners in the condominium
project) learned of the 2019 Consent Judgment and the Phase II development on multiple occasions
and did not file this lawsuit until years later, including the following:
2
- On March 11, 2020, a meeting occurred between Infinity, Plaintiff, and several
homeowners in the condominium project. (Ex. 3, 3/11/2020 Meeting Minutes). As
reflected in the meeting minutes, the parties discussed “[a] second phase to Hawthorne
Woods has been Approved after a consent judgment was granted to the developer. . .
Development is estimated to commence sometime in 2021.” (Id. at p. 3). The meeting
minutes were distributed to all co-owners on March 18, 2020. (Ex. 2, Affidavit of R.
Soave, at ¶ 6; Ex. 4, Distribution List; Ex. 5, Infinity Email to Co-Owners).
- On March 23, 2021, another meeting occurred between Infinity, Plaintiff, and several
homeowners in the condominium project. (Ex. 6, 3/23/21 Meeting Minutes). Infinity
provided additional plans for Phase II at this meeting. The meeting minutes were again
sent to all co-owners following the meeting. (Ex. 2, Affidavit of R. Soave, at ¶ 8; Ex.
7, Distribution List; Ex. 8, Infinity Email to Co-Owners following meeting).
- Following the 2019 Consent Judgment, Infinity prominently displayed in its sales
office the following sign that detailed the Phase II development:
3
(Ex. 2, Affidavit of R. Soave, at ¶ 9) (Ex. 10, Phase II Sign).
- On October 27, 2022, approximately 7 months ago, Plaintiff, through counsel, sent
Infinity and the Charter Township of Huron a letter contending that Plaintiff “has been
made aware” of the 2019 Consent Judgment. (Ex. 9). Despite sending this letter
(which was sent over 2.5 years after Plaintiff became aware of the consent judgment),
Plaintiff did nothing for approximately 7 additional months until filing this lawsuit and
feigning “emergency.”
Inexplicably, Plaintiff fails to inform the Court of the true nature of the purported
“emergency” based on facts Plaintiff knew about since March 2020 at the latest. There is simply
no “emergency,” and certainly none that justified ex parte emergency relief. As explained in more
detail below, this case is frivolous such that Plaintiff has no likelihood of success on the merits.
Plaintiff’s Motion for a TRO and preliminary injunction should be denied in its entirety,
and the May 16, 2023 ex parte TRO must be immediately dissolved, for the following reasons:
First, Plaintiff has not, and cannot, establish a substantial likelihood of prevailing on the
merits. This is because: (1) the 2019 Consent Judgment remains in full force and effect and
precludes the relief requested by Plaintiff in this lawsuit2; (2) Plaintiff does not even bother to try
to explain why or how the Court can ignore the 2019 Consent Judgment; (3) the Phase II
development Infinity is currently clearing trees from is Infinity’s property, not the separate Phase
2
Plaintiff knows that, to obtain the relief it requests, it must first obtain an Order from this Court
setting aside the 2019 Consent Judgment. Plaintiff made this clear in its October 2022 demand
letter to Infinity. (Ex. 9). Yet Plaintiff’s Motion fails to address that Plaintiff has never sought to
intervene in the 2018 lawsuit or to otherwise try to have the 2019 Consent Judgment set aside.
Presumably, Plaintiff did some research and learned that it could not set aside the 2019 Consent
Judgment as waiting over 3 years since it became aware of the Consent Judgment to try to set aside
the Consent Judgment is not “reasonable.” As Plaintiff intentionally failed to follow the proper
procedure to attack the 2019 Consent Judgment, Plaintiff simply chose to ignore the Judgment as
if it did not exist. This Court should not condone such a tactic.
4
I property; (4) Plaintiff ignores the fact that the property where Phase II is being constructed
belongs to Infinity and Plaintiff fails to provide this Court with any basis that would allow Plaintiff
to interfere with Infinity’s use of its own property in a manner approved by the Court and the
Township and (5) Infinity was authorized to proceed with the 42 units in Phase II pursuant to the
2019 Consent Judgment and amend the Master Deed as more fully set forth above. .
Second, Plaintiff cannot establish immediate, irreparable harm. Any purported

“emergency” is self-created. As explained, Plaintiff has known about the existence of the Consent
Judgment since March 2020 yet delayed filing this frivolous case and a motion for TRO and
preliminary injunction for over three years. Plaintiff also waited approximately 7 additional
months after sending a demand letter to Infinity to file this case on an “emergency” basis without
any explanation why Plaintiff waited if this was truly an “emergency.” Simply put, there is no
“immediate” harm or “emergency” that necessitates the Court acting on an ex parte basis to grant
Plaintiff relief it is not entitled to, and which Plaintiff inexplicably waited over three years to
request.
Finally, the harm to Infinity far outweighs any harm to Plaintiff if an injunction enters, and
an injunction is contrary to the public interest. If an injunction is granted, Infinity will be unable
to move forward with the ongoing Phase II development. Not only does Infinity risk losing a
substantial monetary amount (the lost profits from developing 42 units), but the harm to Infinity
is also irreparable. Infinity has contracts and obligations with many contractors for the Phase II
development. Infinity risks being in breach of its obligations to third parties as well as losing
contractors who will not sit around and wait for this lawsuit to resolve. Infinity will also lose the
time in which Infinity would otherwise be developing the units (i.e., the entire project will be
delayed and Infinity can never recover that time). Moreover, the public has an interest in allowing
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Infinity to continue the Phase II development so that more homes are developed for additional
homeowners in the community – indeed, exactly what the Township and this Court agreed when
the Consent Judgment was entered.
To this end, even if the Court grants any injunctive relief to Plaintiff or maintains the
existing ex parte TRO (which it should not), the Court should require Plaintiff to post a significant
bond of at least $1,000,000 to protect Infinity from a wrongfully issued injunction. If the TRO is
deemed to have wrongfully issued and Infinity ultimately prevails on the merits of this lawsuit,
Infinity will not have any adequate remedy at law. Plaintiff is uncollectible for the damages that
would be caused by a delay in the Township and Court approved project. Plaintiff is a
Homeowner’s Association which obtains a limited amount of association dues as its sole source
of operating income. Those nominal funds are spent on landscaping and similar common area
maintenance. If the ex parte TRO remains in effect and an injunction issues that prevents Infinity
from continuing to build, Infinity is forced to maintain the property, pay taxes and insurance on
the property, without developing the property to earn a return on its investment as well as the
irreparable harm described above. Accordingly, if an injunction issues or the ex parte TRO
remains in effect (which it should not), the Plaintiff must be required to post a bond of at least
$1,000,000 to protect Infinity from the harm resulting from an injunction.3
For these reasons, which are explained in more detail below, Infinity respectfully requests
that this Honorable Court DENY Plaintiff’s motion for TRO and preliminary injunction in its
entirety and immediately DISSOLVE the ex parte May 16, 2023 TRO.
3
Plaintiff’s Motion asks this Court not to impose any bond, and the ex parte TRO was entered
without requiring any bond, but there is no explanation why Plaintiff should not have to post a
bond. To the contrary, the risk of substantial and irreparable harm to Infinity from a wrongfully
issued TRO and preliminary injunction mandates a sufficient bond to protect Infinity. Infinity has
no other adequate remedy at law, which is precisely why a bond should be mandated.
6
II. LEGAL STANDARD
As set forth above, Plaintiff maintains the burden of justifying the continuing nature of the
May 16, 2023 ex parte TRO. MCR 3.310(B)(5).
A TRO and preliminary injunction is an extraordinary remedy that should be granted
sparingly, only in circumstances that necessitate such extraordinary relief. Davis v Detroit Fin
Review Team, 296 Mich App 568, 612; 821 NW2d 896 (2012). An injunction may issue without
taking testimony only “[i]f the party’s entitlement to the injunction can be established in a
particular case by argument, brief, affidavits, or other forms of non-testamentary evidence[.]”
Campau v McMath, 185 Mich App 724, 728; 463 NW2d 186 (1990). The party requesting
“injunctive relief has the burden of establishing that a preliminary injunction should be issued. . .
.” See MCR 3.310(A)(4).
Because a party seeking to obtain injunctive relief bears the heavy burden of establishing
entitlement to an injunction, that party bears the burden of establishing the existence of four critical
prerequisites:
1) The likelihood that the party seeking the injunction will prevail on the merits;
2) The danger that the party seeking the injunction will suffer irreparable injury if the
injunction is not issued;
3) The risk that the party seeking the injunction would be harmed more by the absence of
an injunction than the opposing party would be by the granting of the relief; and
4) The harm to the public interest if the injunction is issued.
See, e.g., Thermatool Corp v Borzym, 227 Mich App 366, 376; 575 NW2d 334 (1998); Campau,
185 Mich App 728–29.
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A preliminary injunction “is an extraordinary type of relief available only with a showing
of irreparable harm.” Mich Coalition of State Employee Unions v Mich Civil Sery Comm’n, 465
Mich 212, 228 (2001); As an extraordinary remedy, injunctive relief is normally granted only when
“(1) justice requires it, (2) there is no adequate remedy at law, and (3) there exists a real and
imminent danger of irreparable injury.” Head v Phillips Camper Sales & Rental, Inc, 234 Mich
App 94, 110 (1999); see also, Roghan v Block, 590 F Supp 150, 153 (WD Mich 1984) (“There is
no power the exercise of which requires greater caution, deliberation and sound discretion, or more
dangerous in a doubtful case, than the issuing of an injunction.”).
III. ARGUMENT
Plaintiff’s lawsuit, and its motion for TRO and preliminary injunction, are frivolous.
Plaintiff has absolutely no likelihood of prevailing on the merits. Plaintiff ignores this Court’s
2019 Consent Judgment, the fact that it has no ownership interest in or ability to prevent Infinity
from building on its own property, and the Condominium Act, all of which permit Infinity to move
forward with Phase II development in the condominium project. Plaintiff also ignores its over
three-year delay that it took to file this lawsuit, without ever trying to have the 2019 Consent
Judgment set aside. For the reasons that follow, this Court should immediately dissolve the May
16, 2023 TRO, deny Plaintiff’s motion for preliminary injunction, and the Court should dismiss
this lawsuit under Infinity’s forthcoming motion for summary disposition.
A. Plaintiff Has Not, And Cannot, Establish a Substantial Likelihood of

Prevailing on the Merits of Its Claims
The TRO must be dissolved for the sole reason that Plaintiff cannot establish a substantial
likelihood of prevailing on any of its claims. Where a plaintiff cannot establish a substantial
likelihood of prevailing on the merits, injunctive relief is improper for that reason alone. Here,
there are three independent and freestanding reasons why Plaintiff cannot prevail on the merits:
8
(1) the 2019 Consent Judgment remains in full force and effect and permits Infinity to move
forward with Phase II development; (2) the land in Phase II is owned by Infinity and Plaintiff has
no basis to dictate how Infinity uses its own property that Plaintiff has no interest in; and (3)
Infinity had authority to enter into the 2019 Consent Judgment as owner of over two-thirds of the
condominium units at the time, and the amendment to the Master Deed is authorized by the 2019
Consent Judgment and the Condominium Act. These points are discussed in more detail below.
1. Infinity’s development of Phase II is authorized by this Court’s 2019

Consent Judgment, which remains in full force and effect
The entirety of Plaintiff’s causes of action in this lawsuit are barred by this Court’s 2019
Consent Judgment in Infinity Hawthorne Woods, LLC v. Charter Township of Huron, Case No.
2018-000579-CZ. The 2019 Consent Judgment makes clear that Infinity “may develop the Estates
Expansion as an amendment to the Estates condominium. . . The Expansion may, in Plaintiff’s
sole discretion, be developed in any number of phases and site improvements, such as roads and
utility construction, [and] may also be constructed in phases.” (Ex. 1 at p. 8, ¶ 12). Therefore, the
development Infinity is currently undertaking for Phase II of the condominium project is expressly
permitted by the 2019 Consent Judgment entered into by Infinity and the Charter Township of
Huron, and which was signed and entered by this Court. The 2019 Consent Judgment remains in
full force and effect. Under the 2019 Consent Judgment, Plaintiff has no basis to stop Infinity
from continuing to develop Phase II of the condominium project, under any legal theory.
If Plaintiff wanted to challenge the 2019 Consent Judgment, Plaintiff should have sought
to intervene in the 2018 case and subsequently move to set aside the Consent Judgment. Plaintiff
recognized this in its October 2022 demand letter to Infinity (Ex. 9). Yet Plaintiff has not sought
to intervene in the 2018 case or to set aside the binding 2019 Consent Judgment. This alone
precludes the relief Plaintiff requests in this lawsuit.
9
A consent judgment “will not be set aside or modified except for fraud or mutual mistake.”
Trendell v Solomon, 178 Mich App 365, 367; 443 NW2d 509 (1989) (citation omitted); Att’y Gen
v Gelman Sciences, Inc, No 357599, 2022 WL 4281485, at *4 (Mich Ct App Sept 15, 2022) (“Once
entered, ‘[a] judgment by consent cannot ordinarily be set aside or vacated by the court without
consent of the parties thereto, for the reason that it is not the judgment of the court, but the judgment
of the parties.’”) (citing Goldberg v Trustees of Elmwood Cemetery, 281 Mich 647, 649; 275 NW
663 (1937)). In addition, “once a consent judgment has been entered, it has the full force and
effect of a litigated judgment.” Trendell, 178 Mich App at 368–69. See also Clohset v No Name
Corp, 302 Mich App 550; 840 NW2d 375 (2013) (“Certainly, once entered, consent judgments
are treated the same as litigated judgments in terms of their force and effect.”). Consent
judgments cannot be collaterally attacked in a new lawsuit years later. Clohset, 302 Mich
App at 388 (“But, as noted, any such error could have been challenged only on direct appeal, and
not collaterally, ten years later, as defendants seek to do in this case.”) (citations omitted). In fact,
a trial court lacks authority to modify a consent judgment, or, as Plaintiff asks for in this case to
deem a consent judgment “unenforceable.” Gelman Sciences, 2022 WL 4281485, at *5 (trial court
lacks power to modify an existing consent judgment “without the parties’ consent or forcing new
obligations on the parties without their agreement.”).
Plaintiff has not moved to intervene in the 2018 lawsuit or to set aside the 2019 Consent
Judgment (perhaps recognizing that it cannot obtain such relief under the law and instead deciding
to file a baseless lawsuit that is effectively a collateral attack on the 2019 Consent Judgment).
With the 2019 Consent Judgment still in effect, which has the “full force and effect of a litigated
judgment,” Plaintiff does not have any likelihood of prevailing on the merits of any of its claims.
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The Motion for TRO and preliminary injunction must be denied for this reason alone, and the May
16, 2023 ex parte TRO must immediately be dissolved to prevent further harm to Infinity.
2. Plaintiff has no legal property right to dictate what Infinity can do on

its own property
Regardless of the existence and enforceability of the 2019 Consent Judgment, Plaintiff
cannot prevail on the merits because it has not established that the work Infinity is undertaking is
being done on common areas or property belonging to the Plaintiff Homeowner’s Association. It
is not. Plaintiff has no property interest whatsoever that provides a basis to stop Infinity from
developing Phase II, which is occurring on property that is distinct from the Phase I property.
Infinity alone owns the property. (Ex. 2, Affidavit of R. Soave, at ¶ 10). Plaintiff has no ownership,
or even arguable ownership interest, in the property or any aspects of Phase II. (Id.).
Indeed, despite Plaintiff having the burden of establishing a substantial likelihood of
success on the merits, Plaintiff’s Verified Complaint and Motion for TRO is devoid of any
evidence establishing that Plaintiff owns the property it seeks to have Infinity stop work on. No
affidavit establishes that Plaintiff owns the property. Plaintiff has not attached a deed showing
that Plaintiff owns the property because no such deed exists (and obviously Plaintiff knows Infinity
owns the property). The only rights Plaintiff maintains are those to the common areas in Phase I
of the project. There are no grounds under which Plaintiff can dictate how Infinity develops its
own property. For this additional reason, regardless of the enforceability of the 2019 Consent
Judgment, Plaintiff cannot prevail on any of its claims.
3. Infinity had authority to enter into the Consent Judgment and amend
the Master Deed under the Condominium Act
Plaintiff’s claims also fail on the merits because Infinity had authority to enter into the
Consent Judgment and to later amend the Master Deed in conformance with the 2019 Consent
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Judgment under the Condominium Act. As Plaintiff’s Motion recognizes at pages 6–7, the
Condominium Act permits amending the Master Deed upon consent of “not less than 2/3 of the
votes of the co-owners and mortgagees.” MCL 559.190(2). Plaintiff fails to acknowledge that, at
the time Infinity entered into the 2019 Consent Judgment, Infinity held over two-thirds of the votes
of the co-owners and mortgagees. (Ex. 2, R. Soave Affidavit at ¶ 4). Infinity’s later recording of
the amendment to the Master Deed was simply to conform to the 2019 Consent Judgment that
Infinity had expressly consented to, and which authorizes the expansion of the project into phase
2. As such, the central basis underlying Plaintiff’s claims (that Infinity allegedly did not have the
authority to amend the Master Deed to expand the condominium project under the Condominium
Act) is flat out wrong.
For this additional and independent reason, Plaintiff cannot establish a substantial
likelihood of prevailing on the merits of any of its claims.
B. Plaintiff Cannot Establish Immediate, Irreparable Harm and There Is No

“Emergency” that Justifies Continuing the May 16, 2023 Ex Parte TRO
Plaintiff bears the burden of demonstrating “a particularized showing of irreparable harm.”
Hammel v Speaker of House of Representatives, 297 Mich App 641, 651; 825 NW2d 616 (2012).
Here, Plaintiff cannot establish irreparable harm because it has not made any such “particularized
showing” and because of its own unilateral delay in seeking “emergency” relief. There is no
emergency. Instead, Plaintiff waited over three years to run to court on a purported “emergency”
basis, undermining any showing of “irreparable harm.”
The requirement that a party establish irreparable harm is an “indispensable requirement”
to obtaining injunctive relief. Mich AFSCME Counc 25 v Woodhaven-Brownstown Sch Dist, 293
Mich App 143, 149; 809 NW2d 444 (2011). “A finding of irreparable harm is ‘the single most
important prerequisite that the Court must examine when ruling upon a motion for a preliminary
12
injunction.” Wells Fargo & Co v WhenU.com, Inc, 293 F Supp 2d 734, 771 (ED Mich 2003).
Where, as here, a plaintiff delays seeking a preliminary injunction, such delay undermines any
suggestion of immediate and irreparable harm. Id. At 771 (nine-month delay in seeking injunctive
relief undermined any allegation of irreparable harm). See also Allied Erecting & Dismantling Co
v Genesis Equip & Mfg, 511 F App’x 398, 404 (6th Cir. 2013) (a party’s delay “severely
undermines” a request for a TRO “because its lack of urgency suggests it does not need immediate
injunctive relief.”). This is especially true in this case where the Plaintiff is seeking ex parte relief
on the grounds that notice of the Motion itself would purportedly “precipitate adverse action before
an order can be issued.” MCR 3.207(B)(1).
As explained above, Plaintiff (and the co-owners in the condominium project) knew of the
existence of the 2019 Consent Judgment by March 2020 at the latest. (Ex. 3, 3/11/2020 Meeting
Minutes). It was discussed at a March 2020 meeting among Plaintiff, Infinity and the co-owners,
and the meeting minutes referencing the Consent Judgment and Phase II were later circulated to
all co-owners. (Exs. 4 and 5). Phase II of the project was also discussed in detail at a March 23,
2021 meeting among Plaintiff, Infinity and the co-owners, with the meeting minutes again
circulated to all co-owners. (Exs. 6, 7, and 8). And as explained, following the 2019 Consent
Judgment, Infinity prominently displayed a sign in its sales office showing the planned Phase II
development (Ex. 10), which all purchasers became aware of when they purchased homes.
The timing of Plaintiff’s case and this Motion (over three years after Plaintiff learned of
the alleged basis for this lawsuit through detailed meetings with Infinity) “suggests an obstructive
motive, rather than a sincere belief that Plaintiff is being irreparably harmed. . . .” Huron Mountain
Club v U S Army Corps of Engineers, No 2:12-CV-197, 2012 WL 3060146, at *14 (WD Mich July
25, 2012) (Plaintiff’s delay in pursuing claims “evidences a lack of immediate irreparable harm.”).
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There is simply no “emergency” justifying immediate injunctive relief. Instead, Plaintiff attempts
to hide the true facts to manufacture a self-inflicted “emergency” created solely by Plaintiff’s
intentional delay in filing this baseless lawsuit and Motion. Plaintiff’s own unclean hands preclude
any finding of “irreparable harm.” See Richards v Tibaldi, 272 Mich App 522, 537; 726 NW2d
770 (2006) (“The maxim that a party who comes into equity must come with clean hands is an
elementary and fundamental concept of equity jurisprudence. The clean-hands doctrine closes the
doors of equity to one tainted with inequitableness or bad faith relative to the matter in which he
or she seeks relief, regardless of the improper behavior of the defendant. If there are indications
of unfairness or overreaching on an equity plaintiff’s part, the court will refuse to grant him or her
equitable relief.”).
In addition to Plaintiff’s intentional delay of over three years preventing any finding of
irreparable harm, Plaintiff has not set forth any particularized immediate harm. Plaintiff simply
says that, if its Motion is not granted, Infinity could continue to prepare Infinity’s own property
for the future building of homes. But Plaintiff has not identified: (1) how it has any standing to
claim harm from Infinity building on its own property that Plaintiff has no rights under, or (2) any
potential harm by Infinity continuing to clear trees and use its own property for the Phase II
development. Indeed, Plaintiff has not offered any admissible evidence, through affidavit or
otherwise, that establishes Plaintiff would even use the property for any reason or that such use
will be irreparably harmed absent an injunction. Simply put, Plaintiff’s motion fails to articulate
any identifiable immediate harm that would result absent an injunction.
Mere apprehension of a future injury does not suffice; instead, the plaintiff must make “a
particularized showing of irreparable harm.” Mich AFSCME, 293 Mich App at 149. Speculative
assertions cannot demonstrate the type of harm necessary for the issuance of injunctive relief.
14
Pontiac Fire Fighters Union Local 376 v City of Pontiac, 482 Mich 1, 9; 753 NW2d 595 (2008).
And an injunction should not issue when there is an adequate remedy at law. CSX Transp, Inc v
Tenn State Bd of Equalization, 964 F 2d 548, 551 (6th Cir. 1992). See also Alliance for Mentally
Ill of Mich v Dep’t of Community Health, 231 Mich App 647, 664; 588 NW2d 133 (1998)
(“Generally, irreparable injury is not established by showing economic injury because such an
injury can be remedied by damages at law.”); Basicomputer Corp v Scott, 973 F 2d 507, 511 (6th
Cir 1992) (explaining that there is no irreparable harm if an injury is compensable by money
damages). Here, Plaintiff has an adequate remedy at law assuming arguendo that its legal claims
had merit (which they do not): money damages. Therefore, there is simply no irreparable harm.
C. The Harm to Infinity if an Injunction Enters and the May 16, 2023 Ex Parte
TRO Remains in Effect Far Outweighs Any Speculative Harm to Plaintiff, and
the Public Interest Disfavors Injunctive Relief
The harm to Infinity if an injunction enters far outweighs any speculative harm to Plaintiff
if an injunction does not enter or if the May 16, 2023 ex parte TRO is dissolved. Even if the
property at issue was owned as common elements by Plaintiff (which it is not), Plaintiff plans to
do nothing with the property. On the other hand, Infinity is actively preparing the site for
development of homes as phase II of the condominium project. If an injunction halts Infinity’s
development, Infinity will sustain irreparable harm, which includes being forced to maintain the
property, pay taxes and insurance on the property, without developing the property to earn a return
on its investment as well. (Ex. 2, R. Soave Affidavit at ¶ 11). Infinity also stands to lose
contractors and materials that it will not be able to retain. (Id.). Infinity could never make up the
lost time that it would otherwise be using to move forward with the Phase II development. (Id.).
The harm to Infinity is far greater if an injunction issues than any speculative harm to Plaintiff if
an injunction does not issue.
15
Similarly, the public interest favors denial of Plaintiff’s motion. The public has an interest
in permitting Infinity to continue the Phase II development so that new homebuyers can purchase
a home in the community, including because the Township also approved the development because
of the benefit to the Township’s residents.
D. If an Injunction Issues (Which It Should Not), or if the Court Does Not

Immediately Dissolve the May 16, 2023 Ex Parte TRO (Which It Should) A
Substantial Bond Should Be Required to Protect the Harm Infinity Will
Sustain and that Will Not Be Recoverable from an Uncollectible Homeowner’s

Association
If an injunction issues or if this Court maintains the May 16, 2023 TRO (which it should
not), Plaintiff should be required to post a substantial bond. Plaintiff seeks an injunction without
any bond, but Plaintiff’s motion provides no analysis as to why a bond should not be required.
Plaintiff is a Homeowner’s Association with no source of income other than the little it collects
from co-owners for common area maintenance such as landscaping. If an injunction enters or the
TRO continues and Infinity ultimately prevails on the merits, Infinity will have no means to collect
its damages from Plaintiff unless this Court requires a security bond to be posted. Given the
substantial harm that Infinity will sustain if an injunction is entered, in the event an injunction
enters or the TRO continues (which it should not) Plaintiff should be required to post an injunction
bond in the amount of at least $1,000,000.
IV. CONCLUSION
For these reasons, Infinity respectfully requests that this Honorable Court immediately
DISSOLVE the TRO issued on May 16, 2023. Infinity requests a hearing on this motion within
24 hours as mandated by MCR 3.310(B)(5). Infinity also requests a substantial bond be required
to be posted by Plaintiff should this Court maintain the TRO (which it should instead dissolve).
Finally, Infinity respectfully seeks an award of sanctions against Plaintiff and its attorneys for
16
filing this frivolous motion and seeking ex parte relief from this Court based on material omissions
and misrepresentations.
Respectfully submitted,
Dated: May 17, 2023 By: /s/ Michael F. Wais

Michael F. Wais (P45482)
Jonathan F. Karmo (P76768)

Attorneys for Defendant
450 West Fourth Street
Royal Oak, MI 48067
(248) 645-1483
mwais@howardandhoward.com
PROOF OF SERVICE
The undersigned certifies that the foregoing

instrument was served upon all participants in the
above cause, to each at their respective addresses on
May 17, 2023
By:  U.S. Mail  E-Mail

 Hand Delivered  Overnight Courier
 UPS  MiFILE TrueFiling System
I declare that the statements above are true to the best

of my information, knowledge, and belief.
By: /s/ Kristi L. Nash

Kristi L. Nash
4895-4914-7235, v. 3
17
EXHIBIT 1
EE Se a
Bernard
Bernard J.
Bernard J. Youngbl
Youngblood
J. Youngblood ood
Wayne County
Wayne County
Wayne Registe
County Register
Register r of
of Deeds
Deeds
of Deeds
1G M-
MAY- 22
MOY- 2 Fil
Pi4 1 oil
:12 201915 6284
Clifton
c '19 2019156284
2019156284 L:L: 55024
L: 55024 P:
P: 569
55024 P: 569
Kimberly Clifton
0 05/02/2 019
05/02/2019
05/02/2019 01:12 PM
01:12 PM
01:12 JDG
JDG
JDG Total
Total Pages:
Pages: 24
Total Pages: 24
24
ACA OO A
llllllllllllllllillllllllllllllllllllllllillllllllllllll
Kimberly
STATE OF
STATE OF
STATE MICHIGAN
MICHIGAN
OF MICHIGAN
E
2 IN THE CIRCUIT
THE CIRCUIT
IN THE
IN COURT OF
COURT OF
CIRCUIT COURT THE
OF THE COUNTY OF WAYNE
OF WAYNE
COUNTY OF
THE COUNTY WAYNE
PM
1:14 PM
INFINITY HAWTHORNE
INFINITY
INFINITY HAWTHORNE WOODS,
HAWTHORNE WOODS, LLC,
WOODS, LLC, a
LLC, a
Michigan
Michigan limited
limited liability
liability company,
company,
4/30/2019 1:14
Michigan limited liability company,

Case No.
Case No. 2018-000579-CZ
2018-000579-CZ
2018-000579-CZ
o) Plaintiff,
Plaintiff,
Plaintiff,
4/30/2019
Sheila
Hon. Sheila
Hon. Ann
Sheila Ann Gibson
Ann Gibson
QI VS.
vs.
vs.
CHARTER TOWNSHIP
CHARTER
CHARTER TOWNSHIP OF
TOWNSHIP OF HURON, a
HURON, a
OF HURON,
Michigan
Michigan municipal
municipal corporation,
corporation,
Michigan municipalcorporation,
CLERK
Defendant.
COUNTY CLERK
O Defendant.
Defendant.
uJ
Alan M. Greene
Alan M.
M. (P31984)
(P31984)
Greene (P31984) Timothy
Timothy S. Wilhelm
Timothy S. (P67675)
Wilhelm (P67675)
S.Wilhelm (P67675)
(P71176)
Jennifer Boueri Chilson (P71
Jennifer Boueri Chilson 176) ROSATI SCHULTZ
ROSATI JOPPICH &
SCHULTZ JOPPICH &
WAYNE COUNTY
Jennifer Boueri Chilson (P71176) ROSATI SCHULTZ JOPPICH &

Z DYKEMA GOSSETT
DYKEMA
DYKEMA GOSSETT
GOSSETT PLLC
PLLC
PLLC AMTSBUECHLER, P.C.
AMTSBUECHLER,
AMTSBUECHLER, P.C.
P.C.
Attorneys
Attorneys for
Attorneys for Plaintiff
for Plaintiff
Plaintiff Attorneys for
Attorneys
Attorneys for
f Defendant
or Defendant
Defendant
O 39577 Woodward
39577
39577 Woodward Avenue, Suite
Woodward Avenue,
Avenue, Suite 300
300
Suite300 27555 Executive
27555 Executive Drive,
Executive Drive, Suite
Drive, Suite 250
250
Suite250
uJ Bloomfield Hills,
Bloomfield
Bloomfield Hills, M
Hills, MII 48304
MI 48304 Farmington
Farmington Hills,
Hills,
FarmingtonHills, MI
MI
MI 48331-3550
48331-3550
(248) 203-0700
203-0700 (248) 489-4100
489-4100
WAYNE
Z (248) (248) 489-4100

(248) (248)
agreene@dykema.com
agreene@dykema.com
agreene(aldykema.com twilhelm@rsjalaw.com
twilhelm@rsj alaw.com
twilhelm@rsjalaw.com
3: jbouerichilson@dykema.com
ibouerichilson@dykema.com
ibouerichilson(!dykema.com
Garrett
M. Garrett
CONSENT JUDGMENT
CONSENT
CONSENT JUDGMENT
JUDGMENT
session of
At aa session
At sessionof Court held
said Court
of said
saidCourt held in the City
in the
held in the City Detroit, County
Detroit, County
of Detroit,
City of C of
ounty of
Wayne,
Wayne, State
State of
of Michigan
Michigan on
on __ April
April 30th
30th ,2019
, 2019
Cathy M.
Wayne, State Michigan April30th ,

Cathy
6 PRESENT:
PRESENT:
PRESENT: Honorable Sheila
Honorable
Honorable _Sheila Ann
SheilaAnnAnn Gibson
Gibson
Circuit
Circuit Court Judge
Court Judge
Circuit Court Judge
The
The parties
The parties to this
partiesto Consent Judgment,
this Consent after participating
Judgment, after
after incourt-ordered
participating inin court-ordered settlement. .. _.
settlement }
OFFICE
uj to thisConsent Judgment, participating court-ordered settlement

MY OFFICE
facilitation
facilitation with
facilitation with
with David Landry, Esq.
David Landry,
Landry,Esq. serving as
Esq. serving
serving as the Facilitator,
as the
the Facilitator, have agreed
Facilitator, have
have agreed to settle
agreed to
to settle this
settle this
t dispute
hisdispute
dispute
O
>- as
as reflected
as reflected in
reflected in this Consent
in this
thisConsent Judgment, which incorporates
Judgment, which
Consent Judgment, incorporates all exhibits
herein all
incorporates herein
hereinallexhibits attached hereto;
attached hereto;
exhibits attached hereto;
FILED ININ MY
Z each
each of
each of the parties
the parties
of the parties to
to this Consent
to this
thisConsent Judgment has
Consent Judgment
Judgment has represented that
has represented
represented all requirements
that all
thatall requirements necessary for
necessary for
requirements necessary for
the
the party to
partyto
theparty bind itself
bind itself
to bind to
to this
to this Consent Judgment
Consent Judgment
Judgment have been met;
been met;
have been the Court
theCourt
met; the Court having reviewed
having reviewed the
the
reviewedthe
18-000579-CZ FILED
uJ itself thisConsent having
u- settlement
settlement reflected
settlement reflected
reflected in
in this Consent
in this
thisConsent Judgment and having
Judgment and
Consent Judgment having specifically
having specifically
specifically found
found that its
found that
thatits terms are
terms are
its terms are
N
18-000579-CZ
2019156284
2019156284 Page
Page 22 ofof 24
24
fair, just,
fair,
fair, reasonable,
just, reasonable,
just, and
and
reasonable, a nd inthethe public
inin the interest, and
interest, and
public interest,
public that
and thatithas has been
that itit has been entered into
entered into in
been enteredinto good
inin good faith
good faith by
by
faith by
the parties;
the
the parties;
parties;
THE COURT
THE COURT
THE HEREBY FINDS
HEREBY FINDS
COURT HEREBY AND IT
AND IT
FINDS AND IS ORDERED
IS ORDERED
IT IS AND ADJUDGED asas
ADJUDGED as
AND ADJUDGED
ORDERED AND
follows:
follows:
follows:
1.1.
1. The following findings
following
The followingfmdings
The are
findings are incorporated within and
within
incorporated withinand
are incorporated made
made a
and made part
a part of
part of this Consent
this Consent
of thisConsent
Judgment:
Judgment:
Judgment:
(a)
(a)
(a) Plaintiff Infinity
Plaintiff
Plaintiff Infinity
I Woods
nfinityWoods Hawthorne,
Woods Hawthorne, LLC
Hawthorne, LLC (“Plaintiff”)
(“Plaintiff’) is
LLC ("Plaintiff") Michigan
isis aa Michigan
Michigan
limited liability
limited liability
limited company doing
company doing
liability company business
business in
doing business Wayne
inin Wayne County, Michigan.
County,
Wayne County,Michigan.
Michigan.
(b)
(b)
(b) Defendant Charter Township
Charter Township
Defendant Charter
Defendant Township of Huron
of Huron (the “Township™)
(the isis a
“Township”) is
Huron (the"Township") Michigan
a Michigan
Michigan
corporation organized
municipal corporation
municipal
municipalcorporation organized
o under the laws
the
under thelaws
rganizedunder laws of the State
the
of theState
State of Michigan.
of Michigan.
Michigan.
(c)
(c)
(c) The property
The property
The property which the
isis the
which is subject
subject of
the subject action involves
this action
this
of thisactioninvolves approximately
approximately
involves approximately
15.28 acres
15.28
15.28 acresof land located
of land
acres of land west of
located west
locatedwest Huron River Drive
Huron River
of Huron River Drive and east
Drive and of Hannan
east of
eastof Hannan Road, and
Road, and
Hannan Road, and
consists
consists of Tax
consists of
of Tax Identification Numbers 75-025-99-0015, 0016, 0017,
75-025-99-0015, 0016,
Numbers 75-025-99-0015,0016,
Identification Numbers
Tax Identification 0017, 0018 and
and 0018
0017, and and isis
and is
more
more particularly described
more particularly
particularly described in Exhibit
described in
inExhibitA (the ““Property”).
A (the
Exhibit A Property”).
(the"Property").
(d)
(d)
(d) Pursuant
Pursuant to aa Consent
Pursuant to
to Consent Judgment in Wayne
Judgment in
Consent Judgment in Wayne County Circuit Court
County Circuit
Wayne County Circuit Court Case No.
Case No.
Court Case No.
01-122991-AS
01-122991-AS which approved aa Site
which approved
01-122991-AS which approved Site Plan prepared
Site Plan
Plan prepared by Anderson, Eckstein
by Anderson,
prepared by Anderson, Eckstein and
Eckstein and
and
Westrick, Inc.,
Westrick,
Westrick, Inc., Project No.
Inc., Project
Project 464-011, dated
No. 464-011,
464-011, dated July 13, 2000,
July 13,
dated July 13,2000, as amended through
as amended
2000, as amended throughAugust 21,
August 21,
through August 21,
2001,
2001, Plaintiff'spredecessor in
Plaintiffs predecessor
2001, Plaintiffs predecessor in interest commenced
in interest
interest commenced development of aaa 288-unit
development of
commenced development 288-unit multiple
288-unit multiple
multiple
family condominium
family condominium project known as
project known
condominium project known as “Hawthorne
as “"Hawthorne Woods,”” on
Hawthorne Woods,
Woods," land adjacent to
land adjacent
on land adjacent to and
to and
and
family
north
northof the
of the
north of Property.
theProperty.
Property.
(e)
(e)
(e) In 2012
In
In 2012 Plaintiff acquired the
Plaintiff acquired
2012 Plaintiff acquired the unfinished portions of
unfinished portions
the unfinished portions of the Hawthorne
the Hawthorne
of the Hawthorne
Woods
Woods condominium, which
condominium, which
Woods condominium, which was
was only partially completed,
only partially
was only partially completed, along with the
along with
completed, along with the Property.
the Property.
Property.
22
2019156284
2019156284 Page 33 of
Page of 24
24
®
(f)
(f) In April
In
In April 2014,
April 2014, Plaintiff, the
2014, Plaintiff,
Plaintiff, the Township
the Township and
Township and the
the Hawthorne
the Hawthorne Woods
Woods
Woods
Condominium Association
Condominium
Condominium Association of
Association of Huron
Huron entered
Huron entered into
into a
enteredintoa a Re-Development
Re-Development and
Re-Development and Construction
Construction
Construction
Agreement ("Development
Agreement
Agreement ((“Development Agreement”)”) pursuant
“Development Agreement
Agreement") pursuant to
pursuant to which
to which Plaintiff
Plaintiff eliminated
Plaintiff eliminated
e the
the
liminatedthe
unbuilt Hawthorne
unbuilt
unbuilt Hawthorme Woods
Hawthorne Woods multiple family
Woods multiple
multiple family units
family units and
units and withdrew
withdrew the
the remaining
the remaining
remaining
undeveloped acreage
undeveloped
undeveloped acreage and
acreage assembled it with
assembled it
and assembled with other
itwith other property
other property to
property to create
to create aa single-family
create single-family site
single-family site
site
condominium project
condominium
condominium project consisting
project consisting of
consisting of 93
93 homes
homes owned
homes owned and
owned and under
under development
under development by
development by Plaintiff,
by Plaintiff,
Plaintiff,
known as
known
known as theEstates
as the Estates
the Estates of Hawthorne Woods
of Hawthorne Woods (the
Woods (the ““Estates™).
Estates”).
(the"Estates").
(8)
(g)
(g) The
The Property is south
Property is
The Property issouthofof and
south of adjacent to the
to Estates.
adjacent totheEstates.
and adjacent the Estates.
(h)
(h)
(h) In
In 2017, Plaintiff
2017, Plaintiff
In 2017, Plaintiff sought
sought to expand
sought to
to expand the Estates
the Estates
expand the site condominium
Estatessite
site condominium by (1)
by (1)
condominium by (1)
rezoning the
rezoning
rezoning the 15.28acre
the 15.28 acre
15.28 acre Property
Property from R-l
Propertyfrom R-1 (estate
R-1 (estate sizedlots
(estate sized lots
sized lots no
no less
less than
less than 1
than 11 acre
acre in
in size)
acrein size) to
size) to
to
RM
RM (multiple family residential,
(multiple family
RM (multiple family consistent with
residential, consistent
residential, consistent with the zoning of
the zoning
with the zoning Estates land),
the Estates
of the
theEstates land), with the
with the
land), with the
condition
condition that no
condition thatno
that more than
no more 22 single
than 22
than22 single family homes would
family homes
single family homes would developed on
be developed
would be developed the Property,
the Property,
on the Property,
and (2) further

and (2)
(2) further amending the
amending the
further amending site plan
the site
site plan for the
plan for
forthe Estates to
the Estates
Estates to expand
to expand the existing
expand the
the existing project by
project by
existing project by
adding 27
adding
adding single homes
family homes
single family
27 singlefamily homes to
to the existing
to the
the existing lands within the
lands within
existing lands withinthe Estates development.
Estates development.
the Estates development.
Both requests
Both requests were denied
requests were denied by
denied by
by the
the Township, and Plaintiff
Township, and
the Township, Plaintiff filed this action
filed this
Plaintiff filed this action challenging the
challenging the
action challenging the
denial
denial of the
denial of the request to
the request
request to conditionally
to conditionally the Property.
rezone the
conditionally rezone
rezonethe Property. Township filed
The Township
Property. The Township filed its Answer
its Answer
filed its Answer
denying
denyingany liability to
any liability
denying any liability to Plaintiff.
to Plaintiff.
Plaintiff.
(1)
(i)
(i) By Order
By
By Order dated
Order dated
datedMay
May 14,2018, the Court directed
the Court
2018, theCourt
14, 2018,
May 14, directed theheparties
directed the
t parties to participate
to participate
parties to participate
in facilitative
in
in facilitative mediation
facilitative mediation in
mediationin licu of
in lieu
lieuof case evaluation. David
case evaluation.
of case evaluation.David Landry was selected
Landry was
David Landry was selected by the
by the
selected by the
parties
parties to serve
parties to
to serve as the
serve as
as the Facilitator.
the Facilitator.
Facilitator. Negotiating sessions
Negotiating
Negotiating sessions held with
were held
sessions were held with the Facilitator
the Facilitator
with the Facilitator
over
over the course
over the
the of several
course of
courseof several months,
several months,
months, which to the
led to
which led
ledto the agreements set
the agreements
agreements forth in
set forth
setforth in this Consent
this Consent
in this Consent
Judgment and
Judgment
Judgment and approved by
approved by
and approved by this
this Court. The
this Court.
Court. The appointed Facilitator
The appointed
appointed has advised
Facilitator has
Facilitator has advisedthe parties
the parties
advised the parties
3
3
2019156284
2019156284 Page 4 of
Page 4 of 24
24
that the
that the settlement
thatthe settlement reflected
settlement reflected i
reflected in this Consent
Consent Judgment
inn thisConsent
this Judgment is
Judgment is reasonable
reasonable under
isreasonable under the facts
under the
the facts and
facts and
circumstances presented.
circumstances
circumstances presented.
presented.
G4)
(j)
(j) The
The parties agree
The parties
parties agree
a that, notwithstanding
that,
greethat, notwithstanding the
notwithstanding the current
current zoning
thecurrent zoning of
zoning of the
the Property,
Property,
the Property,
the
the Property and
the Property
Property the
and the
the designated
designated portions of
designated portions
portions the
of the adjacent Estates of Hawthorne
Estates of
adjacent Estates
the adjacent Woods,
Woods,
Hawthorne Woods,
may
may be used
may be used or developed
used or developed
developedas
as provided
as provided in this
provided inthis
in Consent Judgment.
Consent Judgment.
this Consent Judgment.
2.
2.
2. Approval
Approval of Residential
Approval of Residential Development and Use
Development and
Residential Development and Use. Subject to the
to the
Subject to
Use. . Subject conditions and
conditions and
the conditions
terms of
terms
terms this
of thisConsent Judgment,
Consent Judgment,
this Consent the Township
Judgment, the
the Township shall be deemed
shall be
Township shall deemed to have
deemed to
to given its
given its
have given its approval
approval for
approval for
for
Plaintiff’s
Plaintiffs use,
Plaintiff's use, development, construction and
development, construction
use, development, construction operation of the
operation of
and operation the Property, along with
along with
Property, along
the Property, revisions
with revisions too
revisions to
t
the site
the site
the plan for
plan
site plan for the Estates
the Estates
for the Estates authorized
authorized herein, for additional
herein, for
authorized herein, for additional single-family residential
single-family residential
additional single-family residential
development
development (the
development (the ““Estates
(the "Estates
Estates Expansion
Expansion") as depicted on
as depicted
Expansion”)”) as depicted the Site Plan
the Site
on the SitePlan prepared by
Plan prepared Arpee/Donan,
by Arpee/Donan,
preparedby Arpee/Donan,
Inc,
Inc, Job
Inc, # 13003,
Job # 13003, dated June
dated June
13003, dated 20, 2016
June 20,
20, and revised
2016 and revised through
revised through
through March
March 4, 2019
March 4,
4, (the
2019 (the “Site
(the "Site
“ Plan”),
Plan
Site Plan"),
”),
attached hereto as
attached hereto
attachedheretoas Exhibit B.
as Exhibit
Exhibit B. Except as revised and
as revisedand
Except as
B. Except revised amended by
and amended
amended by the Site Plan
the SitePlan
by the Site attached as
attached as
Plan attachedas
Exhibit B and
Exhibit B
Exhibit B and approved by
approved by
and approved this Consent
by this
thisConsent Judgment, the Site
Judgment, the
Consent Judgment, the Plan for
Site Plan
SitePlan the Estates
for the
forthe Estates Hawthorne
of Hawthorne
Estates of
Woods
Woods approved
Woods approved in connection
approved in
in with the
connection with
connectionwith the Development Agreement shall
Development Agreement
the Development Agreement shall remain valid
remain validand
shall remain valid and in full
in full
and in full
force
force and effect.
and effect.
forceand effect.
3.3.
3. Features
Features the Residential
of the
Features of the Residential Development. . The
Residential Development.
Development Estates Expansion shall
Estates Expansion
The Estates Expansion shall satisfy
shall satisfy
satisfy
the
the following requirements and
following requirements
the following requirements features:
and features:
features:
(a)
(a)
(a) The
The
The maximum
maximum number of additional
number of
maximum number residences shall
additional residences
additional residencesshallbe limited to
be limitedto
shall be limited 42
to 42
single family units.

single family
singlefamily units.
units. The
The total number
The total
total number of residential
number of sites in
residential sites
residential sites in the Estates shallnow
the Estates
in the Estates shall be
now be
shall now
limited
limited to 133.
limited to
to 133. Each additional
133. Each additional site shall have
site shall
additional site shall have a minimum lot
a minimum
minimum width of
lot width
lotwidth feet
60 feet
of 60 feet as
as depicted
as depicted
depicted
on
on the Site
on the
the Site Plan. All
Plan. All
Site Plan. residential sites
residential
Allresidential sites shall have
sites shall
shall have a minimum lot
a minimum
minimum lot depth of
lot depth
depth 120
of 120 feet.
feet.
120 feet.
4
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(b)
(b)
(b) The
The minimum building
The minimum
minimum building setbacks applicable
building setbacks
setbacks applicable to
applicable to the
to the single-family
the single-family units
single-family units shall
units shall
shall
be: front
be:
be: front yard
front yard —-
yard 30 feet;
- 30 feet; rear
feet; rear yard
rear yard — 25
yard -
- 25 feet;
feet; and
feet; and side
side yard
side yard -
yard — 5S feet,
- feet, as
feet, as setforth
as set
set forth in the
in the Site
Site
forth intheSite
Plan.
Plan.
Plan.
(¢)
(c)
(c) Open
Open spaces and
Open spaces
spaces and natural
natural areas,
natural areas, including
areas, including preserved
preserved wetlands,
includingpreserved wetlands, shall be
be
wetlands, shallbe
shall
maintained, preserved
maintained,
maintained, preserved and
preserved and provided
provided as
provided as shown
as shown on
shown on the
the Site
the Site Plan
Plan and
SitePlan and describedfurther
described further
described further
below.
below.
below.
(d)
(d)
(d) Each residence shall
Each residence
residence shall have aa two-car
shall have attached garage.
two-car attached
two-carattached garage.
garage.
(e)
(e)
(e) A 50-foot
A
A 50-foot buffer area
buffer area (the"Buffer")
50-footbufferarea (the “Buffer”)
(the along the
“Buffer”) along
along the western
the western boundary
western boundary of the
boundary of the
the
Property
Property shall be
shall maintained as
be maintained
Property shallbe maintained as depicted
as depicted on
depicted on the
the Site
the Site Plan.
Site Plan.
Plan. Some of
Some
Some of the
the existing
the existing
existing
vegetation and
vegetation
vegetation and trees
trees within the
within the Buffer
treeswithinthe Buffer shallbe
Buffer shall be
shall be enhanced
enhanced with
enhanced with aa berm
with berm and
and additional
additional
additional
plantings as
plantings
plantings as shown
as shown in
shown in the
in the Landscape
the Landscape Screening
Landscape Screening Plan
Screening Plan attached
Plan attached as
attached as Exhibit
as Exhibit C.
Exhibit C. The
The Buffer
Buffer
Buffer
shall be
shall
shall be designated
designated as
designated as general
as general common
general common areaintheamendment
common area in
area the amendment
in the amendment to
to the
the Master
tothe Master Deed
Master Deed forthe
Deed for the
for the
Estates described
Estates
Estates described further
further below
describedfurther below and
and itshall
it shall
it shall be
be the
the responsibility
the responsibility of
responsibility of the
the Condominium
Condominium
the Condominium
Association to
Association
Association to maintain
to maintain and preserve
and
maintainand preserve the Buffer
preserve the
the in the
Buffer in
Bufferin the manner
manner called
themanner called forin
called for in
for this Consent
in this
this Consent
Consent
Judgment.
Judgment.
Judgment.
4,4.
4. Preservation of
Preservation of Natural
Preservationof Natural Features
Features and
Features Open Space
and Open
and Open Space. . The
Space. The total
The total amount
total of open
amount of open
open
space
space on the
on the
space on Property, including
the Property,
Property, including wetlands, shall
includingwetlands,
wetlands, shall approximately
be approximately
shall be approximately 10.62 acres or
10.62 acres
10.62acresor approximately
or approximately
approximately
69.5%
69.5% of
69.5% the Property
of the
the Property as
Property as shown on the
shown on
as shown the Site
Site Plan.
theSite Plan.
Plan.
5.5.
5. Road Improvements.
Road
Road The
improvements.. The
Improvements internal roads
internal r
The internal roads within
oadswithinthe Estates Expansion
Estates Expansion
the Estates
within the shall
Expansion shall be
shall be
private
private roads
private roads and shall be
and shall
roads and shall be built
built in compliance
built in
in compliance with applicable
with applicable
compliance with Township
applicable Township
T Ordinances
ownship Ordinances concrete
-- concrete
Ordinances - concrete
road
road with concrete curb
with concrete
road with concrete curb and gutter,
curb and gutter, and constructed
gutter, and constructed atatt24'
constructed a 24 back of
24° ’ back curb to
of curb
curb to back of
to back curb.
of curb. Deposits
curb. Deposits
Deposits
toto secure completion of

secure completion
to secure completion the
of the
the roads
roads shall be submittedto
shall be
roads shall submitted the Township
submitted toto the
the Township as required
Township as
as required by
required by Township
by Township
Township
Ordinance.
Ordinance. If
Ordinance. If required by
required by
If required by Township
Township Ordinance, roads
Township Ordinance,
Ordinance, roads must
roadsmust constructed and
be constructed
must be constructed then
and then inspected
inspected
then inspected
5
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and approved
and approved by the
approved by
by the Township Engineer prior
Township Engineer
the Township prior to
Engineerprior to any
to any building
any building pennits
building permits fora
permits for aa residential
for residential structure
residential structure
structure
being issued,
being
being issued, such inspection
issued, such
such and approval
inspection and
inspection approval shall
approval shall not
shall not be
not be unreasonably
unreasonably withheldor
unreasonably withheld or
withheld or delayed.
delayed. Road
delayed. Road
construction may
construction
construction may be
may phased iftheEstates
phased
be phased if the
if the Estates
Estates Expansion
Expansion isconstructed
Expansion is constructed
is constructed iin phases. Parking
phases.
inn phases. Parking will
Parking will only
will only
only
be
be permitted
permitted on one
permitted on side
side of
one sideof the road,
of the
the road, and fire
road, and fire lanes and
fire lanes and no
lanesand parking signs
no parkingsigns
parking shall be
signs shall
shall posted and
be posted
posted are
and are
are
subject to
subject
subject to Township approval.
Township approval.
to Township approval.
6.
6.
6. Completion of
Completion
Completion Existing Roads
Existing Roads
of Existing Roads in
in the Estates and
the Estatesand
in the Estates Hawthorne
and Hawthorne Woods. . Prior
Hawthorne Woods
Woods. Prior to
Prior to
to
and as
and as a condition
as a condition of
condition of the
the Township issuing
the Township
Township issuing a
issuing a construction
construction permit
construction permit for
permit for the Expansion,
the
for the Expansion, Plaintiff
Expansion, Plaintiff
Plaintiff
shall provide
shall
shall provide a letter
provide a of
letter o
letter of credit in
credit
f credit in the
in the amount
the amount of
of Ninety-Seven
Ninety-Seven Thousand
Ninety-Seven Thousand Two
Two Hundred
Two Hundred Twelve
Twelve
($97,212)
($97,212) Dollars, as
(897,212) Dollars,
Dollars, a additional
additional security
ass additional security to
security to
to cover
cover Plaintiff's’s 44%
cover Plaintiff
Plaintiff's 44% share
44% share only
share only (and not the
(and not
only (and the share
nottheshareof of
share of
the Hawthorne
the Hawthorne Woods
theHawthorne Woods Condominium
Woods Condominium Association
Condominium Association as
Association as setforth
as set forth
set forth inthe
in the
in Development Agreement)
Development
the Development Agreement) of
Agreement) of
the cost
the cost to
thecosttoto complete
complete thefinal
complete the final asphalt
the final asphalt course
asphalt course for
for the
the existing
courseforthe existing roadsin
existing roads in
roads Hawthorne Woods
in Hawthorne
Hawthorne Woods and
Woods and the
the
the
Estates as
Estates
Estates as described the Development
in the
described in
as describedin the Development Agreement,
Development Agreement, unless such
Agreement, unlesssuch
unless roads have been
roads have
such roads previously
been previously
previously
completed to
completed
completed to the
to the satisfaction
the of the
satisfaction of
satisfaction the Township
the Township’s’s engineer.
Township's engineer. The
engineer. The letter
letter off credit
of
letter o credit shall
credit shall be
shall be released
released
released
within thirty
within
within thirty (30)
thirty (
(30) days
days after
30)days after the Township
after the
the Township receives written notice
receives written
Township receives written notice of the
notice of the completion of the
completion of
the completion roads.
the roads.
theroads.
If the
If
Ifthe Township engineer
the Township
Township engineer determines that further
determines that
engineer detenninesthatfurther punch list
further punch
punch list or other
or other
list or repair
other repair work is
repair work
work is required to
required to
is required to
complete
complete the roads,
complete the
the roads, the Township
roads, the
the Township may withhold from
may withhold
Township may withhold the release of
the release
from the release the letter
of the
the letter o credit, such
credit, such
off credit,
letter of s uch
amounts that are determined

that are
amounts thataredetermined the Township
by the
determined by
by the Township engineer as necessary to
as necessary
engineer as
Township engineer necessary to complete the work
complete the
to complete thework the
in the
work in
inthe
event
eventPlaintiff fails oor
Plaintiff fails
event Plaintiff fails orr refuses
refuses to do
refuses to
to so.
do so.
so.
7.
7.
7. Street Lights.
Street
Street Lights Any lighting
Lights. . Any
Any lighting plan or
plan or
lighting plan street
or street lights shall be addressed
shall be
lights shallbe
street lights addressed in the
in the
addressed in the
engineering construction
engineering
engineering plans and
construction plans
construction plans must comply
and must comply with applicable
comply with
with applicable Township ordinances
applicable Township
Township and
ordinances and
ordinancesand
standards and
standards
standards are subject
are subject
and are to Township
to
subject to Township review and
Township review
reviewand approval.
and approval.
approval.
8.
8.
8. Utilities. The
Utilities. The
Utilities. Estates Expansion
The Estates
Estates Expansion be served
shall be
Expansion shall
shallbe served by
served by public sewer
public
by public water.
and water.
sewer and water.
Plaintiff
Plaintiff shall be responsible
shall be
Plaintiff shall be for paying
responsible for
responsible for paying all
paying all costs
allcosts necessary to
costsnecessary
necessary to extend water
to extendwater
extend and sewer
water and sewer services too
services to
sewer services t
6
2019156284
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the
the Expansion. The Township
Expansion. The
the Expansion. The Township represents
Township represents that
represents that it
it has
has sufficient
thatithas sufficient sewer
sufficient sewer and
sewer and water
water capacity
water needed
capacity needed
capacity needed
to serve
to serve
to the Expansion.
the
servethe Expansion. Publicwater
Expansion. Public water
Public water mains and infrastructure
mains and infrastructure shall
infrastructure shall meet
shall meet applicable
applicable Township
applicable Township
T ownship
engineering standards and

engineering standards
engineering standards and ordinances
ordinances and
and shall
ordinancesand shall be looped
shallbe looped as
looped as shown
as shown in
shown in the
in the SitePlan
the Site Plan
Site subject to
Plan subject
subject to
to
MDEQ
MDEQ approval.
MDEQ approval. If the
approval.If the MDEQ
Ifthe MDEQ refuses
MDEQ refuses to
refuses approve
to approve
to the looped
approve the
the looped water
looped water line
water line as
line as depicted
as depicted in
depicted in the
in the Site
the Site
Site
Plan an alternative
Plan an
Plan alternative
alternative means of
means
means of looping
looping the
looping the water
the water line within
water line within the
the cul-de-sacs
linewithinthe cul-de-sacs sshall
cul-de-sacs shall
hallbe pursued and
be pursued
pursued and
agreed upon
agreed upon
agreed by the
upon by
by the parties.
the parties. Stormwaterutilities
parties. Stormwater utilities
Stormwater utilities shall
shall be
shall be reviewed
reviewed and
reviewed and approved
approved by
approved by the
by the Wayne
the Wayne
Wayne
County Drain Commissioner.

County Drain
County Commissioner.
DrainCommissioner.
9,
9.
9. Condominium Documents
Condominium
Condominium Documents and
Documents and Engineering
and Engineering Plan
Engineering Plan Approvals.
Approvals. . The
Approvals The Site
Site Plan
Plan
SitePlan
i
attached as
attached as
attached Exhibit B
as Exhibit
Exhibit B is
B is deemed
deemed to
isdeemed to be
to be and
and is
isishereby
hereby approved
hereby approved as
approved as the
as the Final
Final Site
Site Plan
theFinalSitePlan as provided
Plan as
as provided
provided
in Sections
in
in Sections 3.4 and
Sections3.4
3.4 and 3.5
3.5 of
3.5 of the
the Zoning
the Zoning Ordinance.
Zoning Plaintiff shall
Ordinance. Plaintiff
Ordinance. Plaintiff shall pursue
shall pursue engineering
pursue engineering approvals
engineering approvals
approvals
and final Condominium Document

finalCondominium
and final Condominium Document approvals
Document approvals for
approvals for the
for the Estates
the Estates Expansion
Estates Expansion under
Expansion under Section
under Section 3.5(2)B
Section 3.5(2)B
3.5(2)B
and C of
and C of the
the Township
the Township’s’s Zoning
Township's Zoning Ordinance.
Zoning Ordinance.
Ordinance. Except as
Except
Except as revised
as revised by
revised by the
by the terms
the terms herein,
terms herein, the
herein, the
the
engineering plans and

engineering plans
engineering plans and final
final Condominium
final Condominium Documents
Condominium Documents and other
Documents and other permits
other permits and
permits and approvals
approvals required
approvals required
required
to construct the
to construct
toconstruct theheEstates
t Estates Expansion
Estates Expansion authorized
Expansion authorized by
authorized by this
by this Consent
this Consent Judgment
Consent Judgment shall
Judgment shall be
shall be governed by the
governed by
governedby the
the
terms of the
terms of
terms the Zoning Ordinance
the Zoning
Zoning Ordinance and
Ordinance and otherordinancesand
other ordinances
other ordinances and
and requirements
requirements in
requirements in effect
in effect at
effect at the
at the time
the time of
time of
application.
application. In
application. In acting upon
In acting
acting upon such applications, including
such applications,
upon such applications, including the engineering plans
the engineering
including the plans and
engineeringplans final
and final
f'mal
Condominium
Condominium Documents,
Condominium Documents, the Township shall
Township shall
the Township
Documents, the shallnot
not unreasonably delay
not unreasonably
unreasonablydelay review and action
review and
delay review action the
on the
action on the
applications
applications and shall
applications and shall approve such final
approve such
shall approve such final engineering
final engineering and design
engineeringand designplans, permit applications
permit applications
and permitapplications
plans, and
design plans,
to the
to extent they
the extent
totheextent they are consistent
they are
areconsistent with
consistent wwith the terms
the of this
terms of
ith thetermsof this Consent Judgment
this Consent
Consent Judgment and exhibits
Judgment and exhibits hereto
exhibits hereto
h and
and
eretoand
other applicable
other applicable
other applicableTownship
Township ordinances, standards,
Township ordinances,
ordinances, standards, and
standards, and
a building codes
nd building
building codes in effect
codes in
in effect at the
effect at
at the time of
time of
the time
application.
application. If Plaintiff
application. If
IfPlaintiff fails to
Plaintiff fails
fails to pursue the
to pursue
pursue the development
the development of the
development of theEstates Expansion withina
Estates Expansion
the Estates Expansion period
within aa period
within period
ending ten
ending ten
ending (10) years
ten(10)
(10)years after entry
years after
after entry of this Consent
of this
entry of this Judgment, the
Consent Judgment,
Consent Judgment, the Site Plan
the Site
Site Planshall be deemed
shall be
Plan shall deemed expired
deemed expired
expired
and of
of no
and of further
no further
further force
forceand effect.
and effect.
force and effect.
7
2019156284
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24
10.
10.
10. Trees and
Trees and
Trees Tree
Tree Survey.
and Tree tree
Siirvey. AAA tree
Survey. survey
tree survey depicting the
depicting the
survey depicting location
the location of
location of existing
of existing trees
trees
existing trees
and removal
and
and and
removal and
removal addition
and addition of certain trees in
trees
certain trees
of certain
addition of in the Buffer
in the included on
Buffer isis included
theBufferisincludedon the
on the Landscape
the Landscape Screening
Landscape Screening
Screening
Plan. Plaintiff shall

Plan. Plaintiff
Plan.Plaintiff shall install street
shall install
install street reeson
street trees
trees
t on the Expansion
on the
the the same
Units inin the
Units
Expansion Unitsinthesame
Expansion manner as
manner
same manner required
as required
as for
for
required for
the existing
the
the Units
Units in
existing Units
existing the
inin the Estates of
Estates
the Estatesof Hawthorne
of Hawthorne Woods
Woods as
Hawthorne Woods set
asas set forth
set forth
forth in the Development
the
inin the Development
Development
Agreement. No
Agreement. No
Agreement. further tree
further tree
No further survey,
tree survey, traffic study
traffic
survey, traffic study
s or
tudy or wetlands study
wetlands study
or wetlands be required
shall be
shall
study shallbe by
required by
required the
by the
the
Township in
Township
Township connection with
connection
in connectionwith
in the
with the engineering
engineering and
the engineering other
and other Township
other Township approvals
Township approvals described inin
approvals described
describedin
paragraph
paragraph 99
paragraph 9 above.
above.
above.
11.
11.
11. Wetlands. The Site
The Site
Wetlands. The
Wetlands. Plan and
Plan
Site Plan proposed wetland
proposed wetland
and proposed impacts shall be subject
shall be
impacts shallbe
wetland impacts toto
subject to
subject
MDEQ
MDEQ review and
MDEQ review
review approval
approval and
and approval
and Plaintiff
and Plaintiff shall obtain
Plaintiff shall
shall obtain any required
any required
obtain any approvals
required approvals and permits.
approvals and With
permits. With
permits.
respect to Township
respect to
respect to Township regulations
regulations and
Township regulations requirements, the
requirements,
and requirements, the Township hereby
Township hereby
the Township approves the
approves
hereby approves wetland
the wetland
the wetland
impacts depicted on
impacts depicted
impactsdepicted on the approved
the approved
on the Site Plan.
Site
approved SitePlan.
Plan. |
12.
12.
12. Condominiums Provisions
Condominiums
Condominiums Provisions and Phasing. . Plaintiff
and Phasing.
Provisions and Phasing Plaintiff may develop the
may develop
Plaintiff may develop the Estates
the Estates
Estates
Expansion
Expansion as an
as an
Expansion as amendment
an amendment to
amendment to the Estates condominium.
Estates condominium.
the Estates
to the condominium. In
In connection with
In connection
connectionwith final engineering.
final engineering
with final engineering
review
review described in
describedin
review described paragraph
in paragraph
paragraph9 above,
9 above, Plaintiff
above,Plaintiff
Plaintiff shall
shall submit
shallsubmit
submit the
the amended
the amended condominium master
condominium master
amended condominium master
deed and
deed and
deed and bylaws
bylaws (the
bylaws (the “Amended
(the “
"Amended Condominium Documents”)
Condominium Documents
Amended Condominium ”) to
Documents") to the Township
to the
the Township Attorney
Township Attorney for
Attorney for
for
and
review and
review
review approval,
approval,and
and approval, and which review
and which review approval
and approval
review and shall
approvalshall not
shallnot be unreasonably
not be unreasonably withheld
unreasonably withheld or
or
withheldor
delayed.
delayed. The Amended
The Amended
delayed. The Condominium Documents
Amended Condominium
Condominium Documents shall
Documents shall be approved
shallbe approved if they are
if they
approved if they areconsistent with
consistent with
are consistent with
the Final
the Final
the Site
Final Site Plan
SitePlan and
Plan and
and the
the terms of this
terms of
the terms thisConsent Judgment
Consent Judgment
this Consent and other
Judgment and other applicable Township
applicable Township
other applicable Township
Ordinances,
Ordinances, provided that
providedthat
Ordinances,provided the terms
the
thattheterms of this
terms of
of this Consent
this Consent Judgment and exhibits
Judgment and
ConsentJudgment exhibits hereto
exhibits hereto
h shall
eretoshall control
shall control
control in
in
in
the
the event
the event of
eventof any
of any conflict
any conflict
conflict with the Township
with the
with the Township Ordinances.
Township Ordinances. The
Ordinances.The Expansion may,
The Expansion
Expansion may, in Plaintiff’s
in Plaintiffs
may, in Plaintiff sole
s sole
sole
discretion,
discretion,
discretion, be
be developed
developed in
be developed in any number
in any
any number of
number of phases
of phases and
phases and site improvements, such
siteimprovements,
and site improvements, such as
such as
as roads
roads and
roads and
and
utility
utility construction,
construction,
construction, may
may also be
may also
alsobe constructed in
constructed in
be constructed phases. The
phases. The
inphases. The parties
parties will work
parties will
willwork cooperatively to
cooperatively to
work cooperatively to
utility
establish
establish
establish the
the scope of
the scope of that
improvements that
of improvements would
thatwould be reasonably
would be
be reasonablyrequired to be
required to
reasonably required to be constructed in
constructed in
be constructed in
scope improvements
8
2019156284
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connection with
connection with each
connectionwith each phase,
each phase, so
phase, so that
so that such
such phase
thatsuch phase shall
phase shall be
shall be capable
capable of
capable of standing
standing alone
standing alone in
in the
alonein the event
the event
event
that the
that the construction
construction and
thattheconstruction and development
development of
development of subsequent
subsequent phases
subsequent phases are
phases are delayed.
are delayed.
delayed.
13.
13.
13. Government Approvals
Government
Government Approvals. . Nothing
Approvals. Nothing herein
Nothing herein shall
shall be
hereinshall be construed
construed to
to waive
construedto waive or
or relieve
or relieve
relieve
Plaintiff of
Plaintiff
Plaintiff of the
the duties
the duties imposed
duties imposed by
imposed by applicable
by applicable law
applicable law to
to obtain
to obtain other
other applicable
obtainother applicable governmental
applicable governmental or
governmental or
or
regulatory approvals
regulatory
regulatory approvals
a and permits
pprovalsand permits for
permits for the
the Estates
forthe Estates Expansion,
Estates Expansion, including
including the
Expansion,including the permits
the permits and
permits and approvals
approvals
approvals
required from
required
required from the
the County
the County Road
County Road Commission,
Road Commission, Drain
Commission, Drain Commission
Drain Commission and
Commission and MDEQ.
MDEQ.
MDEQ.
14.
14.
14. Cooperation. . The
Cooperation
Cooperation. The parties,
parties, their
parties, their agents,
their agents, representatives,
representatives, and
agents,representatives, and employees
employees shall
employees shall
shall
cooperate in
cooperate
cooperate in good
in good faith
good faith with
faith with each
with each other
each other and
and their
otherand their respective
their respective agents,
respective agents,
a successors, and
gents,successors,
successors, and
a assigns, in
nd assigns,
assigns, in
in
order to
order
orderto carry out
to carry
carry the development
out the
outthe development contemplated in this
contemplated in
development contemplated in this Judgment, including,
this Judgment,
Judgment, including, but not
including, but
butnot limited to,
limited to,
not limited to,
cooperating or
cooperating
cooperating assisting in Plaintiffs
assisting in
or assisting in Plaintiff's efforts to obtain
efforts to
Plaintiff’s efforts to obtain any necessary approvals
any necessary
obtain any necessaryapprovals other
from other
approvals from other
governmental or
governmental
governmental or regulatory entities,
regulatory entities,
or regulatory e ntities,such as
such as permits, licenses,
as permits,
permits, licenses, or other
licenses, or
or other approvals, as
other approvals,
approvals, as necessary or
necessary or
as necessary or
for the
convenient for
convenient
convenientfor the development and
the development
development use of
and use
use the Property, in
the Property,
of the Property, in accordance with the
accordance with
in accordance with the terms and
terms and
the terms
conditions of
conditions
conditions off this
o this Consent
this Consent Judgment.
Consent Judgment.
Judgment.
15.
15.
15. Conflicting
Conflicting Provisions. The uses
Provisions. . The
Conflicting Provisions uses and structures
uses and structures by this
permitted by
structures permitted
permittedby Consent
this Consent
thisConsent
Judgment shall
Judgment
Judgment shall be deemed
shall be deemed conforming uses
deemed conforming
conforming uses structures. To
and structures.
uses and structures. To the extent
To the
the extent any specific
extent any
any specific or
terms or
specific terms
tennsor
provisions
provisions in this
provisions in
in Consent Judgment
this Consent
thisConsent Judgment and/or any exhibits
and/or any
Judgment and/or any exhibits hereto, including
exhibits hereto,
hereto, including the Site
including the
the Site Plan, are
Plan, are
Site Plan, are
inconsistent
inconsistent or conflict
inconsistent or
or conflict with
conflict with
w ith any
any the provisions
of the
any of the provisions or requirements
provisions or
or requirements of the
requirements of the Township's Zoning
Township’s’s Zoning
the Township Zoning
Ordinance,
Ordinance, wetlands ordinance, storm
wetlands ordinance,
Ordinance, wetlands ordinance, storm water management
storm water
water management ordinance, engineering standards
ordinance, engineering
management ordinance, engineering standards or
standards or
or
other codes,
other
other ordinances, regulations,
codes, ordinances,
codes,ordinances, regulations, or procedures
regulations, or
or procedures the Township
of the
procedures of the Township in effect
Township in
in effect at the
effect at
at the time of
time of
the time
further application or
further application
further application or development, the terms
development, the
or development, the terms this Consent
of this
terms of thisConsent Judgment and Site
Judgment and
Consent Judgment SitePlan control.
Plan control.
Site Plan control.
To the
To
To the extent the
the extent
extentthe Consent Judgment
the Consent
Consent Judgment is silent on
is silent
Judgment is silent issues regulated
on issues
issues regulated by Township
regulated by
by Township or
ordinances or
Township ordinances
ordinancesor
regulations,
regulations, then the Township
then the
regulations, then the Township ordinances and regulations
ordinances and
Township ordinances regulations shall control. Subsequent
shall control.
regulations shall control. Subsequent enactments
Subsequent enactments
enactments
to,
to, modifications of, or
modifications of,
to, modifications of, or amendments to the
amendments to
or amendments to the Township's Zoning Ordinance,
Township's’s Zoning
the Township Zoning Ordinance, condominium
Ordinance, condominium
condominium
9
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24
ordinance, subdivision
ordinance,
ordinance, subdivision control
subdivision control
c ordinance, and/orrelated
ontrolordinance,
ordinance, and/or related
and/or related regulations
regulations of
regulations of the
the Township
the Township shall
Township shall apply
shall apply
apply
to the
to the Project
tothe Project to
Project to the
the extent
extent they
totheextent they arenot
they are not
are not inconsistent
inconsistent with
inconsistent with or
with or do
or do not
not vary
not vary thetermsof
vary the terms
the terms of
of this
this Consent
this Consent
Consent
Judgment.
Judgment.
Judgment.
16.
16.
16. Minor Modifications
Minor
Minor Modifications to
Modifications to the
to the SitePlan.
the Site Plan
Site Plan. . Minor
Minor modifications
Minor modifications to
modifications to theSite
to the Site
the Site Plan
Plan may
Plan may
may
be approved
be approved by
approved by the
by the Township
the Township withouta
Township without aa requirement
without requirement forCourt
requirement for Court
for Court approval
approval or
approval or amendment
or amendment of
amendment of the
the
the
Consent Judgment
Consent
Consent Judgment in
Judgment in the
the following
inthe following instances:
following instances:
instances:
a) Where
a)
a) Where such
Where such minor
such minor modifications
modifications are
modifications arererequired
a required or
required or requested
or requested by
requested by other
by other reviewing
other reviewing
reviewing
governmental agencies
governmental
governmental agencies having
agencies having jurisdiction
having jurisdiction over
jurisdiction over the
over the Development
the Development or
Development or any
or any
any
portion thereof;
portion
portion thereof; and/or
thereof; and/or
a nd/or
b) Where
b)
b) Where such minor modifications
such minor
Where such modifications are reasonably required
are reasonably
modifications are reasonablyrequired as result of
as aa result
required as result final
of fmal
final
engineering and/or
engineering
engineering and/or design
and/or design considerations,
considerations, including
designconsiderations, including grading,
including grading, as
grading, as confmned
as confirmed by
confirmed by
by
the Township's
the
the Township professional engineers
Township’s’s professionalengineers
professional or other
engineers or
or other appropriate Township
appropriate Township
other appropriateTownship
consultants; and/or
consultants;
consultants; and/or
and/or
¢) Where
c)
c) Where such minor modifications
such minor
Where such modifications are made to
areremade
modifications a made to address engineering or
address engineering
to address engineering or other in-
other in
or otherin-
field
field conditions, provided
field conditions,
conditions, provided that:
provided that:
that:
i.
i. No such
i. No
No such modification shall
minor modification
such minor modification shall increase the total
increase thetotal
shall increase the number of 42
number of
total number units
42 units
units
permitted fortheEstates
permitted
permitted for the
for the Estates
Estates Expansion;
Expansion;
Expansion;
ii. No
ii.
ii.No such minor modification
such minor
No such modification shall decreasethe
modification shall
shall decrease minimum unit/lot
the minimum
decrease the minimum unit/lot area,
unit/lot area,
area,
width or
width
width or depth.
or depth.
depth.
iii. No such
iii. No
iii.No such modification shall
minor modification
such minor modification reduce the
shall reduce
shallreduce the amount of open
amount of
the amount open space,
open space,
space,
project
project amenities or perimeter
amenities or
project amenities or perimeter buffers required
perimeter buffers
buffers required by this
required by
by this Consent
this Consent
Consent
Judgment; and
Judgment;
Judgment; and
iv. No
iv.
iv. No such minor modification
such minor
No such modification shall reduce the minimum
reduce the
shall reducetheminimum
modification shall setbacks.
minimum setbacks.
setbacks.
10
10
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24
Any of
Any
Any the
the above
of the minor modifications
above minor modifications shall be
shall provided
be provided
modifications shallbe provided to the
toto the Township
the Township for
Township for administrative
administrative
for administrative
review and approval,

review and
review approval,
approval, and
and such review and approval
review and
such review approval shall
shall not
approval shallnot be unreasonably
not be unreasonably withheld
withheld or
or
unreasonably withheldor
delayed,
delayed, but in the
but in
delayed, but in the event of any
event of
the event any regarding aa requested
dispute regarding
any dispute
disputeregarding requested modification, including
minor modification,
requested minor modification, including
i ncluding
whether
whether a
whether modification is deemed
modification isisdeemed
a modification minor, the
minor, the
deemed minor, Township
the Township may
Township may submit the
submit the
may submit matter to
matter the
to the
the matterto the Board for
Board for
for
approval
approval and
approval either
and either may request
party may
either party
partymay that matter be
the matter
that the
request thatthematterbe
request submitted
be submitted the Facilitator
toto the Facilitator or
submitted totheFacilitator may seek
may
or may seek
seek
relief
relief from
relief the
the Court.
Court.
from theCourt.
17.
17.
17. Within
Within thirty (30)
Within thirty
thirty (30) days following the
following the
days following
(30) days entry
the entry
entry of this Consent
this
of thisConsent Judgment,
Consent Judgment, Plaintiff
Plaintiff
Judgment, Plaintiff
shall terminations of
record terminations
record
shall recordterminations
shall of
o the private
f the
the private road
privateroad easements at Liber
recorded at
easements recorded 16187,
Liber 16187,
road easementsrecordedatLiber Page 922,
Page 922,
16187, Page Liber
Liber
922, Liber
16233, Page
16233, Page 427
16233,Page and Liber
427 and Liber 22819, Page
Liber 22819,
22819, 427, Wayne
427,
Page 427,Wayne
Page County Records.
Records.
County Records.
Wayne County
18.
18.
18. Continuing Effect
Continuing
Continuing of Development
Effect of
Effectof Development Agreement and
Agreement and Previously Approved Site
Previously Approved
and PreviouslyApproved Site
Site
Plans. Except as
Plans. Except
Plans. Except modified
as modified
as by the
by the
modifiedby terms
thetermsofof this
terms of this Consent Judgment,
this Consent
Consent Judgment, which controls
Judgment, which controls inntheeventof
controls i
in the of
event of
the event
conflict orr ambiguity,

conflict oor
conflict ambiguity, the
ambiguity, the terms
terms and
the terms conditions of the
conditions of
and conditions the Development Agreement and
the Development Agreement previously
and previously
previously
approved
approved site plans
approved site
site plans as
plans as they
as they relate
they relate
relate to
to the
to the Estates
theEstates and Hawthorne
Estates and Hawthorne Woods shall
Hawthorne Woods
Woods shall remain in
shall remain
remain in full force
in full
full force
force
and effect.
and
and effect.
effect.
19.
19.
19. Unrecorded
Unrecorded 2001 Consent
Unrecorded 2001 Judgment. .
Consent Judgment
Judgment. This
This Consent Judgment and
Consent Judgment
This Consent Judgment the
and the
the
Development
Development Agreement,
Development Agreement, modify, amend and supersede
amend and
modify, amend
Agreement, modify, supersede the unrecorded Consent
the unrecorded
supersede the unrecorded Consent Judgment
Consent Judgment
Judgment
entered by
entered
entered by the Court
the Court
by the Court on September
on September 4, 2001
4, 2001
September 4, 2001 (the
(the “2001
(the “"2001 CJ”),
2001 CJ ”), in
CJ"), in Case No.
in Case and
01-12299-AS and
No. 01-12299-AS site
and site
site
plan approved by
plan approved
planapproved by the
by the 2001
the2001 CJ,
2001 CJ, to
CJ, to the extent
the
totheextent it pertains
extent it
it pertains to the
pertains to
to the Property, the
the Property,
Property, Estates or
the Estates
theEstates or Hawthorne
or Hawthorne
Woods, which
Woods,
Woods, also the
isisalsothe
which is also subject
the subject to
subjectto the
tothe Development
the Development Agreement.
Development Agreement.
Agreement.
20.
20.
20. Release of
Release of
Release Claims
of Claims
Claims and Liability.
and Liability
Liability. . Plaintiff
Plaintiff Infinity Hawthorne Woods,
Infinity Hawthorne
Plaintiff Infinity Woods, LLC, for
LLC, for
Woods, LLC, for
itself,
itself,
itself, its
its members,
its members,
members, managers,
managers, officers,
managers, officers, employees,
employees,
officers,employees, successors,
successors,
successors, assigns,
assigns,
assigns, attorneys,
attorneys,
attomeys,
or
representatives, or
representatives,
representatives, any other
otherperson
any other
or any person or
person or entity having an
entityhaving
or entity having ownership interest
an ownership
ownership interest in the
interest in
inthe Property, does
Property, does
the Property, does
hereby release
hereby
hereby releaseand forever
and forever
release and discharge
foreverdischarge
dischargethe
the Charter Township of
Charter Township
the Charter Township of Huron, its Board
Huron, its
of Huron, itsBoard Trustees,
of Trustees,
Board of Trustees,
11
11
11
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2019156284 Page
Page 12
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24
elected
elected and
and appointed
electedand appointed officials,
appointed Planning
Planning Commission,
officials. Planning
officials, Commission, departments,
Commission, departments, employees,
departments, employees, independent
employees, independent
independent
contractors,
contractors, consultants,
contractors, consultants, representatives,
consultants, representatives, attorneys,
representatives, attorneys, insurers
attorneys, insurers of
insurers of and from any
and from any and
any and all
all claims,
all claims,
claims,
liability,
liability, demands,
liability, actions,
demands, actions,
demands, causes
causes of action, suits,
action, suits,
of action,
actions, causesof debts,
ebts,judgments,
debts,
suits, d executions,
judgments, executions,
judgments, damages
executions, d
damages and
amages and
of whatever
rights of
rights
rights whatever nature in
nature in
whatever nature law, equity
law, equity
in law, equity or otherwise, which
or otherwise,
or otherwise, now exist
now existor
which now which may
or which
exist or may
may
subsequently accrue
subsequently
subsequently by
accrue by
accrue reason of
reason any acts,
any acts,
of any
by reasonof events or
events facts
facts which
or facts
acts, eventsor now
which now exist
now exist or
or which
exist or could have
could
which couldhave
have
asserted arising
been asserted
been asserted out
arising out
arising out of the
of the acts,
the acts, transactions
transactions or
acts, transactions occurrences which
occurrences
or occurrenceswhich gave rise to
rise
gave riseto
which gave Wayne
to Wayne
Wayne
County
County Circuit Court Case
CircuitCourt
County Circuit Court No. 2018-000579-CZ.
Case No. 2018-000579-CZ. This Release
This Releaseof
2018-000579-CZ. This Claims and
of Claims
Release of and Liability shallnot
Liability shall
Liability shall not
not
bar claims
bar
barclaims brought to enforce
broughtto
claims brought to enforce the
enforcethe provisionsof
the provisions
provisions this Consent
of this
this Consent Judgment or
Consent Judgment
Judgment or claimsarising
or claims
claims arising
arising after
after
after the
the
the
date
date of
of this
dateof this Consent
this Judgment.
Consent Judgment.
Consent Judgment.
| 21.
21.
21. Dismissal
Dismissal With Preiudice/Merger
With
DismissalWith Prejudice/Merger. All claims and
All claimsand
Prejudice/Merger. . All claims of action
causes of
and causes
causesof action alleged and
alleged and
action alleged
asserted
asserted by
asserted by Plaintiff
by Plaintiff
Plaintiff Infinity
Infinity Woods, LLC
Hawthorne Woods,
Infinity Hawthorne Woods, LLC and all
LLC and defenses
all defenses
all asserted by
asserted
defensesasserted by the Township
the Township
by the Township
and pending
and pending in
pending Wayne
inin Wayne County Circuit
Wayne County
County Circuit Court Case No.
Court Case
Circuit Court 2018-000579-CZ, including all
2018-000579-CZ, including
No. 2018-000579-CZ, including all for
claims for
all claims
claimsfor
declaratory
declaratory
declaratory relief,
relief,
relief, injunctive
injunctive
injunctive relief,
relief,
relief, equitable
equitable
equitable relief,
relief,
relief, money damages,
money
money interest,
damages, interest,
damages, interest, attorney’s
attorney
attorney's fees
’s fees and
and
feesand
costs,are
costs,
costs, hereby
are hereby
are dismissed
hereby dismissed with
dismissedwith prejudice
with prejudice
prejudiceand without
and without costs,
without costs, attorneys’
costs,attorneys
attorneys' fees
’ fees or
feesor interest
or interest
interest to
to any
to any
any
party
party and
party and are
and are otherwise merged
otherwise
areotherwise merged this Consent
into this
merged into
intothis Consent Judgment and
Judgment and
Consent Judgment are
and are forever
areforever barred.
forever barred.
barred.
22.
22.
22. Full and
Full and
Full Complete Settlement
and Complete
Complete Settlement. parties acknowledge
parties acknowledge
The parties
Settlement. . The acknowledge and agree that
and agree
agree this
that this
thatthis
Judgment
Consent Judgment
Consent
Consent isisa
Judgment is a full, complete
full, complete
a full, c and final
omplete and final compromise and
final compromise
compromise settlement
and settlement
settlement of
o any and
off any
any all claims
all claims
and all claims
that were
that
that or
were or could
or could have
couldhave alleged or
been alleged
have been alleged or asserted innthis
asserted in
or asserted i this lawsuit.
this lawsuit.
lawsuit.
23.
23.
23. No Reliance.
No Reliance
No Reliance. Plaintiff
. Plaintiff
Plaintiff and
and the Township
the Township
and the each represent
each represent
Township each and state
and state
representand that
statethat each
thateach has
each has
has
fully
fully investigated
fully investigated
investigated all
all matters pertaining
matters
allmatters pertaining to this Consent
to this
pertaining to thisConsent Judgment as
Consent Judgment
Judgment as they deem
as they
they deem necessary, and
necessary, and
deem necessary, and
neither is
neither
neither relying
isisrelying on any
relyingon any statements, promise or
statements, promise
any statements, promise or representation by any
representation by
or representation by any other party.
other party.
any other party.
12
12
12
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24
24.
24.
24. No Admission
No
No Admission of
Admission of Liability.
Liability. . It
Liability ItIt is
is expressly
is expressly understood
expressly understood and
understood and agreed
agreed thatthe
agreed that the
that the
Township’s’s agreement
Township
Township's agreement tothis
agreement to this
to this Consent
Consent Judgment
Consent Judgment isnot
Judgment is not
is not and
and shall
shall not
shall not be
not be deemed
deemed toconstitute
deemed to constitute
to constitute nor
nor
nor
be construed
be construed as
construed as an
as an admissionof
admission of
admission of liability.
liability.
liability.
25.
25.
25. Good Faith.
Good
Good Faith. . The
Faith The parties
parties and
parties and their respective
their respective
their respective successors
successors shall cooperate
successorsshall
shall cooperate with
cooperate with one
one
withone
another in
another in good
anotherin good faith
good faith and
faith and neither
neither party
neither party shalltake
party shall take
shall any
take any action
any action which is
which
actionwhich is contrary
is contrary to
contrary to or
to or interferes
or interferes
interferes
with the
with
with the spirit
the spirit of
spirit of thisConsent
this Consent
this Consent Judgment,
Judgment, nor
Judgment, nor omit
nor any
omit any
omit action which is
actionwhich
any action isisnecessary
necessary or
necessary or convenient
or convenientto
convenient to
to
or consistent
or
or consistent with
consistent with the
with the spirit
the spirit and
spirit and intent
intent o
intent off this
of this Consent
this Judgment.
Consent Judgment.
Consent Judgment.
26.
26.
26. Estoppel. . From
Estoppel
Estoppel. From time
From time to
time to time,
to upon
time, upon
time, fifteen (15)
fifteen(15)
upon fifteen days’
(15) days
days' written request,
’ written
written request, the
request, the
the
i
Township
Township shall furnish
shall
Township shall furnish to
furnish to Plaintiff,
to Plaintiff, its
Plaintiff, its lender(s),
its lender(s), and/or
lender(s), and/or any other
any other
and/orany party
otherparty requested by
requested
partyrequested by Plaintiff,
by Plaintiff, aa
Plaintiff,
written certification
written certification
written executed by
executed
certification executed by an
by an authorized
authorized representative
authorized of the
representative of
representative the Township, confirming,
Township, confirming,
the Township, confirming, as of
as
as of
the date of
the date
the date of the
the request
the request for
for the
request forthe estoppel certification, that:
certification, that:
estoppel certification,
the estoppel (a) this
(a)this
that: (a) Consent Judgment
Consent
thisConsent Judgment isisin
Judgment is in full
in full
full
force
force and effect;
and effect;
forceand and (b)
effect; and (b) to
(b) to the
to the Township’s
Township’s actual
the Township's knowledge
actual knowledge
actual as
knowledge as of the
as of the date
the date of the
date of the estoppel,
the estoppel.
estoppel,
Plaintiff
Plaintiff isisinfull
Plaintiff is in
in full compliance with the
the terms
terms hereof
compliance withtheterms
full compliance with (or, if
hereof (or,
hereof (or, ififnot,
not, specifying
not,specifying
specifying any
any claimed
any claimed defaults by
defaults
claimeddefaults by
by
Plaintiff
Plaintiff hereunder).
Plaintiff Plaintiff
hereunder). Plaintiff
hereunder). reserves the
reserves the
Plaintiff reserves right to
the right
right to dispute any
any claimed
disputeany
to dispute claimed default.
default.
claimeddefault.
27.
27.
27. Successors
Successors and
Successorsand Assigns. All of
All
Assigns. All
and Assigns. the provisions
of the
the provisions
provisions of
of this
this Consent
thisConsent Judgment
Consent Judgment shall be
shallbe
Judgment shall
binding
binding upon
bindingupon inure to
and inure
upon and the
to the
inureto benefit of Plaintiff
benefit of
the benefit Plaintiff and the
Plaintiff and
and the Township, and
the Township,
Township, theirrespective
their
and their respective
respective heirs,
heirs,
heirs,
successors,
successors, assigns, and transferees.
assigns, and
successors, assigns, Plaintiff
transferees. Plaintiff
transferees. may assignsome
may assign
Plaintiff may assign some or all
some or
or all of its
allof its rightsand
rights
itsrights obligations
and obligations
obligations
under
under this Consent
under this
thisConsent Judgment, provided
Consent Judgment,
Judgment,providedany such assignee(s)
any such
provided any such assignee(s)
assignee(s) shall,
shall,
shall, by operation
by
by operation of this
operationof Consent
thisConsent
this Consent
Judgment, be
Judgment,
Judgment, bound by
be bound
bound by the terms
by the
the hereof. Any
hereof.
terms hereof.
terms Any reference in this
referencein
Any reference in this Consent
thisConsent Judgment to the
Judgment to
Consent Judgment to the
the
Township
Township shall include any
shall include
Township shall include any agent, employee, representative,
agent, employee,
any agent, employee,representative, and official
representative, and official
official of theTownship.
of the
the Township.
Township.
28.
28.
28. Recording. This Consent
Recording. This
Recording. This Consent Judgment
Consent shall be recorded
shallbe
Judgment shall
Judgment recorded with the
with
recordedwith the Register of Deeds
Registerof
the Register Deeds
for the
for
forthe County of
the County
County Wayne. This
of Wayne.
Wayne. This Consent Judgment
This Consent
Consent Judgment shallbe
Judgment shall
shall deemed to
be deemed
deemed to run with the
run with
to run with the land. Plaintiff
land. Plaintiff
theland.Plaintiff
shall
shall pay the costs of
the costs
pay thecosts
shall pay recording the Consent Judgment.
the Consent
recording theConsent
of recording Judgment.
Judgment.
13
13
13
EES
GEG
| .
+ 2019156284
2019156284 Page 14
Page of 24
14 of 24
29.
29.
29. Amendment/Modification.
Amendment/Modification.
Amendment/Modification. This Consent
This Consent Judgment
Judgment may be amended
may be
Judgment may amended or
amended or
or
modified
modified only by
only by
modified only written
by written agreement of the
agreement of
written agreement the parties hereto,
parties h
the parties hereto, or their
ereto,or their successors
their successors inin interest,
successors in interest, with
with the
interest, withthe
the
requisite approval
requisite approval
requisite approval of the
of the Township
the Township Board,
Board, and
Township Board, later
and later approved and
approved
later approved ordered by
ordered by
and ordered this Court.
this Court.
by this Court.
30.
30.
30. Authority to Execute.
to
Authority to
Authority Plaintiff
Plaintiff and
Execute. Plaintiff
Execute. Township each
Township
and Township represent
each represent
each represent and state
and state that the
that the
state that the
individuals
individuals signing Consent Judgment
this Consent
this
signing thisConsent
individuals signing are
Judgment are
Judgment fully
are fully authorized
authorized to
fully authorized execute
toto execute this document
this
execute thisdocument and
document and
bind their
bind respective
their respective
bindtheir parties
respective p
parties
artiestoto the terms and
the terms
tothetermsand conditions
and conditions contained
conditions contained herein.
herein.
contained herein.
i
31.
31.
31. Severability. Each
Severability.
Severability. restriction
Each restriction
Each restriction and intended to
clause isis intended
clause
and clauseisintendedto to be severable
be severable
severable and in
and in the
in the
the
event that
event that
event any restriction
any restriction
that any restriction is for any
isis for
for reason
any reason
any held
reason held void,
held void, shall not
itit shall
void, itshallnot affect the
affect the
not affect validity
validity of
the validity the
of the
the
remainder of
remainder this
of this
remainderof this Consent Judgment.
Consent Judgment.
Judgment.
32.
32.
32. Clerical
Clerical Errors.
Errors.
Clerical Errors. Any clerical
Any clerical
Any errors or mistakes
errors or
clerical errorsor in
mistakes in
mistakes document or
document or
in document exhibit
or exhibit
exhibit
descriptions
descriptions
descriptions contained
containedin this Consent Judgment
this Consent
in thisConsent
contained in Judgment may be corrected
may be
Judgment may corrected by the parties,
by the
corrected by the parties, and both
and both
parties, and both
j parties
parties
parties agree to
agree
agree to cooperate in
to cooperate
cooperate in making
in making
making such
such corrections to
such corrections
corrections t effectuate the
too effectuate
effectuate the spirit and
the spirit
spirit intent of
and intent
intent the
of the
the
! parties
parties
parties in
in entering into
in entering
entering this Consent
into this
intothis Consent Judgment.
Consent Judgment.
Judgment.
I 33.
33.
33. Enforcement
Enforcement Jurisdiction.
Enforcement Jurisdiction
Jurisdiction. . This
This Court retains
This Court
Court retains jurisdiction
retains jurisdiction
jurisdiction to enforce
to
to enforceand ensure
and ensure
enforce and ensure
j
compliance
compliance with the
compliance with
with the terms of
the terms
terms this
of this Consent
thisConsent Judgment. The parties
Judgment. The
Consent Judgment. parties agree that
parties agree
agree the terms
that the
thatthe terms this
of this
terms of this
Consent
Consent
Consent Judgment
Judgment may be
Judgment may
may be specifically enforced through
specifically enforced
be specifically enforced throughmandatory injunctive or
mandatory injunctive
through mandatory injunctive or other equitable
other equitable
or other equitable
relief.
relief.
relief. A party
A
A party who believes
party who
who believes there
believes there has
therehas been aa violation
has been
been violation o or failure
or failure
off or
violation of failure too comply
to
t comply with the
comply with
with Consent
the Consent
theConsent
Judgment
Judgment shall provide
Judgment shall
shall provide to the
provide to
to the other
the other party aa written
otherparty
party notice explaining
written notice
writtennotice explaining the alleged
explaining the
the alleged violation orr
violation or
alleged violation o
action
action
actionrequired,
required, and the
required, and
and the parties agree
parties agree
the parties agreethat within fourteen
that within
thatwithinfourteen days following
fourteen days
days following receipt of
following receipt
receipt of the written
the written
of the written
notice, the parties

notice,the
notice, the parties shall attempt
parties shall
shall attempt to amicably
attempt to
to amicably resolve the
amicably resolve
resolvethe matter, but
the matter,
matter, but any party
but any
any party may refer
party may
may refer the
refer the
the
dispute
dispute
disputeto
to the Facilitator
to the
the Facilitator or another
Facilitator or
or another agreed upon
another agreed
agreedupon facilitator to
upon facilitator
facilitator to assist in
to assist
assist i resolving the
inn resolving
resolving the dispute with
the dispute
dispute with
with
the
the costs of
costs
thecostsof same to be
same to
of same to be shared equally
shared equally
be shared by the
equallyby
by the parties. The
the parties.
parties. parties, and
The parties,
parties, the facilitator,
and the
the facilitator, as the
facilitator, as
as case
the case
thecase
may
may be, shall continue
be, shall
may be, shall to confer
continue to
continueto until such
confer until
conferuntil such time as
such time
time as the dispute is
the dispute
as the dispute is resolved, or
is resolved,
resolved, or the parties
or the
the parties agree
parties agree
a gree
14
14
14
2019156284
2019156284 Page
Page 15
15 of
of 24
24
voluntary agreement
no voluntary
that no
that
thatno on a
agreement on
voluntaryagreement resolution
a resolution of
of
resolution o the dispute
the dispute
f the dispute can reached.
be reached.
can be In the
In the
reached. In event the
event
the eventthe
the
parties cannot
parties
parties agree on a
agree on
cannot agree
cannot resolution
a resolution of
resolution o
of the dispute, either
dispute, either
the dispute,
f the party may
either party file
may file
partymay a motion
file a before the
before
motion beforethe
the
Court for
Court
Court enforcement of
for enforcement
forenforcementof the Consent
the
of theConsent Judgment
Judgment or
Consent Judgment seeking
or seeking other appropriate
other appropriate
seeking other relief.
appropriate relief. In the event
the event
Inn theevent
relief. I
of aa proceeding
of a
of proceeding to
proceeding this Consent
enforce this
enforce
toto enforcethisConsent Judgment
Judgment or
Consent Judgment any
or any terms
any terms or condition
or condition
terms or therein, any
therein, a
condition therein, any party
party
ny party
seek to
may seek
may
may seek recover costs and
recover costs
to recovercostsand
to attorney
and attorney fees in
fees addition
in addition
attorney feesin addition to any
toto any other applicable
other applicable
any other applicable and available
and available
available
relief.
relief.
relief.
34.
34.
34. Closure
Closure of
Closure Case.
of Case.
Case. THIS
THIS CONSENT JUDGMENT RESOLVES
JUDGMENT RESOLVES
CONSENT JUDGMENT
THIS CONSENT THE
RESOLVES THE LAST
THE LAST
LAST
PENDING CLAIM AND CLOSES

CLAIM AND
PENDING CLAIM
PENDING AND THE CASE.
THE
CLOSES THE
CLOSES CASE.
CASE.
Dated:
Dated:
Dated: 4/30/2019
4/30/2019
4/30/2019 /s/ Sheila
/s/
/s/ SheilaA. Gibson
A. Gibson
Sheila A. Gibson
Circuit Court
Circuit
Circuit Judge
Court Judge
Court Judge
[Signatures
[Signatures continued on next
continued on
[Signatures continued next page]
next page]
page]
15
15
15
2019156284
■2019156284 Page
Page 16
16 of
of 24
24
Approved
Approved as
Approved as toto form and substance
form and
as toform substance and for
substance and for entry:
entry;
for entry:
INFINITY HAWTHORNE
INFINITY HAWTHORNE
INFINITY HAWTHORNE WOODS, WOODS, LLC,
WOODS, LLC,
LLC,
aa Michigan
Michigan
Michigan limited
limited liability
liab ility
limitedliabilit com
compa
c om ny.
any,
Ad aloe,
Na e: Alan M.
Alan Greene
M. .Greene (P31984)
Greene (P31984)
(P31984)
Titl£: /
Titl: . Jennifer
Jennifer Boueri Chilson
Boueri (P71176)
(P71176)
Chilson (P71176)
Jennifer BoueriChilson
DYKEMA
DYKEMA GOSSETT
DYKEMA GOSSETT
GOSSETT PLLC PLLC
PLLC
Attorneys for
for Plaintiff
Attorneys forPlaintiff
Attorneys Plaintiff
39577 Woodward
39577 Woodward Avenue, Suite
Avenue, Suite300
Woodward Avenue, 300
Suite 300
Bloomfield Hills,
Hills, M
Bloomfield Hills,
Bloomfield MI
MI 48304
I 48304
(248) 203-0700
(248) 203-0700
(248)
CHARTER TOWNSHIP
CHARTER
CHARTER TOWNSHIP OF
TOWNSHIP OF HURON,
OF HURON, a
HURON, a
Michigan municipal
Michigan
Michigan municipal corporation,
corporation,
municipalcorporation,
By:
By:
By:
David Glaab,
David Glaab,
Glaab,its
its Supervisor
its Supervisor
Supervisor Timothy
Timothy S.
Timothy S. Wilhelm
S. Wilhelm (P67675)
Wilhelm (P67675)
(P67675)
ROSATI,
ROSATI, SCHULTZ,
ROSATI, SCHULTZ, JOPPICH
SCHULTZ, JOPPICH
JOPPICH
& AMTSBUECHLER, P.C.
&& AMTSBUECHLER,
AMTSBUECHLER, P.C.
P.C.
And
And
And Attorneys
Attorneys
Attorneys for
for Defendant
Defendant
forDefendant
27555 Executive
Drive, Suite 250
Suite 250
By:
By:
By: Farmington
Farmington Hills,
FarmingtonHills, MI
Hills, MI 48331-3550
MI 48331-3550
Jeremy
Jeremy Cady,
Jeremy Cady,
Cady, its
its Clerk
its Clerk
Clerk (248) 489-4100
(248) 489-4100
(248)489-4100
16
16
16
So EE
2019156284
'2019156284 Page 17
Page 17 of
of 24
24
Approved as to
Approved as
Approved as to form
to form and
form and substance
and substance and
substance and for
and for entry:
for entry:
entry:
INFINITY HAWTHORNE WOODS,

INFINITY HAWTHORNE
INFINITY HAWTHORNE WOODS, LLC,
WOODS, LLC,
LLC,
aaa Michigan
Michigan limited liability
Michigan limited
limited liability
liability company,
company,
company,
By...
By:
By: ee
Name:
Name:
Name: Alan M.
Alan M. Greene
Greene (P31984)
Greene (P31984)
(P31984)
Title:
Title:
Title: Jennifer Boueri
Jennifer
Jennifer Boueri
B Chilson (P71
Chilson
oueriChilson (P71176)
176)
(P71176)
DYKEMA GOSSETT
DYKEMA
DYKEMA GOSSETT PLLC
GOSSETT PLLC
PLLC
Attorneys for
Attorneys
Attorneys for Plaintiff
Plaintiff
forPlaintiff
39577 Woodward
39577 Woodward Avenue,
Woodward Avenue, Suite
Avenue, Suite 300
Suite 300
Bloomfield Hills,
Bloomfield
Bloomfield Hills, MMII 48304
Hills, MI 48304
(248) 203-0700
(248)
(248) 203-0700
203-0700
: CHARTER
CHARTER
CHARTER TOWNSHIP OF
TOWNSHIP
TOWNSHIP OF HURON,
OF HURON, a
HURON, aa
Michigan
Michigan
Michigan munigipal
municipal
muni ipalcogporation,
corporation,
co oration,
By:
By:
DavididGlaab,
David
D Glaab, its
Glaab, its Supervisor
its Sdpervisor
S/pervisor Timdthy
Ti ilhelm(1^7673)"
thyS..Wilhelm ( 67675) ----- ----------
ROSATI,,SCHULTZ,
SCHULTZ, JOPPICHJOPPICH
& AMTSBUECHLER,
&
& AMTSBUECHLER,
AMTSBUECHLER, P.C.
P.C.
P.C.
And
And Attorneys
Attorneys
Attorneys for
for Defendant
Defendant
forDefendant
27555 Executive
Drive, Suite 250
Suite 250
By:
By:-------- Z------- ^6—
By: ~~ —Y Farmington Hills, M
Hills,
Farmington Hills,
Farmington MII 48331-3550
Ml 48331-3550
Jeremy Cady,
Jeremy Cady,
Jeremy its Clerk
its Clerk
Cady, its Clerk (248) 489-4100
489-4100
(248) 489-4100
(248)
16
16
2019156284 Page 18 of 24
EXHIBIT AA
EXHIBIT
EXHIBIT A
.2019156284
•2019156284 Page
Page 19
19 ofof 24
24
Part
Part ofofthe Southeast %% of
the Southeast
Part oftheSoutheast ofSection
Section 6,
ofSection Town 444 South,
Town
6,6, Town South, Range
Range 9
South, Range East, Township
East,
99 East, TTownship
ownshipof Huron,
ofof Huron, Wayne
Huron, Wayne County, Michigan,
County, Michigan,
Wayne County, Michigan,
described
described
described a follows: Beginning
assfollows:
as follows: Beginning
Beginning at
ata a point on
at a point
point on the
the East
East and West
on theEastand West section
and West %
% section
section line,
line,
line, distant
distant
distant North
North 89
89 degrees
degrees
North89 degrees21 21 minutes 55
minutes 55
21 minutes 55
East, 34.56
seconds East,
seconds
seconds East, 334.56 feet from
feet
4.56feet from the Center
from the
theCenter corner of
Center %% corner
corner ofSection and proceeding
Section 666 and
ofSection and thence
proceeding thenceNorth89
proceeding North 89 degrees 21 minutes 55
21 minutes
degrees 21minutes
thence North 89 degrees 55
55
seconds
seconds East,
seconds East,
East, a along
along said
longsaid line,
said line, 232.00
232.00 feet;
line, 232.00 feet;
feet; tthence
thence South 00:degrees
OO:degrees 3
South 00:degrees
henceSouth 38
38 minutes
minutes 05
8 minutes 05 seconds
05 seconds East, 281.65
East, 2
seconds East, 281.65 feet; thence
feet; thence
81.65feet; thence
degrees
South 8989 degrees
South
South89 degrees 17 17 minutes
17 minutes 47
minutes 47 seconds
47 seconds West, 232,00
West,
seconds West,232,00 feet; thence North 00
thence North
feet; thenceNorth00
232,00 feet; degrees
00 degrees
degrees 3838 minutes
38 minutes
minutes 05 05 seconds
05 seconds West,
West,
seconds West,
281.38 feet
281.38
281.38feet the Point
toto the
feet tothePoint Point of Beginning.
ofof Beginning.
Beginning. ce
Tax Item
Item No.
No. 75-024-99-0015-000
75-024-99-0015-000
Tax ItemNo.75-024-99-0015-000
Tax
Part of the
of Southeast %% of
the Southeast
Part oftheSoutheast
Part of Section
Section 6,Town
6,6, Town South, Range
Range 9
South, Range East,
99 East, Township
East, T
Township
ownshipof of Huron,
of Huron, Wayne
Huron, Wayne County, Michigan,
County, Michigan,
Wayne County, Michigan,
described
described a
described as follows: Beginn.ing>at
follows:
assfollows: Beginn.lng>at a
Beginn.ing>at point
aa point on the East
on the
point on and
East and
theEast West %% section
West
and West section l
section line,
line,
ine, distant North
distant North89
distant 89 degrees 21. minutes
21.
degrees 21.minutes
North 89 degrees minutes
seconds East,
55 seconds
55
55 seconds East, 266.56
266.56
East, 2 feet from
feet from
66.56feet the
from theCenter corner
Center %% corner
the Center of
corner ofSection and proceeding
Section 66 and
of Section proceeding t
proceeding thence
thence North 89
North
henceNorth89 degrees
degrees 21
89 degrees 21
21
minutes
minutes 55
minutes 55
55 seconds East, along
seconds East,
seconds East, along
a said line,
said line,
longsaid 232.00 feet; thence
feet; t
232.00 feet;
line, 232.00 thence
henceSouth 00 degrees
South 00
South degrees 38
degrees minutes
38 minutes
minutes OSOS seconds
OS seconds East,
East, 2
seconds East, 281.93
81.93
281.93
feet;
feet;
feet; thence
thence
t South
South
henceSouth89 89
89 degrees
degrees
degrees 17
17
17 minutes
minutes
minutes 47
47 seconds
seconds
seconds West,
West,
West, 232.01
232.01
232.01 feet;
feet;
feet; thence
thence
t North
North
henceNorth00 00
00 degrees
degrees
degrees 38
38 minutes
minutes
minutes 05
05
05
seconds
seconds West, 281.65 feet
281.65
West, 281.65feet
seconds West, to the Point
to the of Beginning.
of
Point of
feet tothePoint Beginning..
Beginning..
Item No. 75-024-99-0016-000

Item No. 75-024-99-0016-000
ItemNo.75-024-99-0016-000
Part
Part of Southeast %% of
the Southeast
of the
Part oftheSoutheast of Section
Section 6
Town
6,6,,Town South, Range
Range 9
South, Range East, Township
East,
9 East, Township
T ownshipof of Huron,
of Huron, Wayne County,
Wayne County,
Huron, Wayne Michigan,
Michigan,
County, Michigan,
as follows: Beginning at a point on the East and West % section line, distant North 89 degrees 21
21 minutes 55
minutes 55
21 minutes
described
described
described as
a follows:
sfollows: Beginning at
ata
Beginning point a point on
on the East
theEast and
and West % section
section line,
l ine, distant
distant North
North89 89 degrees
degrees 55
seconds
seconds
secondsEast,East, 498.56
East, 498.56
4 feet
feet
98.56feet from
from
from the
the Center
Center
theCenter %
% corner
corner
corner of
of Section
Section
ofSection 6
6 and
and
and proceeding
proceeding
proceeding thence
thence North
North
thenceNorth89 89
89 degrees
degrees
degrees 21
21
21 minutes
minutes
minutes
line 720.97 feet;feet; thence South 00 degrees 38
00 degrees minutes 05
38 minutes 05 seconds East,
seconds East, 280,50 thence
feet; t hence
55 seconds
55
55 secondsEast,
seconds East, a longsaid
along
East, along said line
said line 720.97
720.97 feet; thence South
thenceSouth00 degrees minutes 05 seconds East, 2280,50 feet;
80,50feet; thence
South
South
South89 89 degrees
degrees 17
89 degrees 17 minutes
17 minutes
minutes45 45 seconds West,
45 seconds
seconds West,
West, 720.97
720.97
720.97 feet;
feet;
feet; thence
thence
thenceNorthNorth
North 00
00 degrees
degrees
degrees 38
38 minutes
minutes
minutes 05
05
05 seconds
seconds
seconds West,
West,
West,
281.37
281.37
281.37feetfeet to
feet to the Point of
the Point
tothePoint Beginning,
Beginning,
of Beginning,
of
Tax
Tax Item No.
Tax Item 75-024-99-0017-000
No. 75-024-99-0017-000
ItemNo.75-024-99-0017-000
Part of
% of Section 6, Town 4
6, Town South,
44 South, Township
East, Township
Range 99 East, of Huron, Wayne County,
Huron, Wayne Michigan,
County, Michigan,
Partof
Part of the Southeast %
the Southeast
oftheSoutheast Section
ofSection 6, Town South,Range
Range East, T ownshipof of Huron, Wayne County, Michigan,
at aa point North 89
distant North
point distant degrees 21
89 degrees minutes 55
21 minutes 55 seconds 34.56
East, 34.56
seconds East, feet and
feet and South
and South
South
described
described
described as
assfollows:
a Beginning
follows: Beginning
follows: Beginning at
ata point distant North89 degrees 21 minutes 55 seconds East, 3 4.56feet
00 281.93
East, 281.93
seconds East,
05 seconds feet from center %
the center
from the corner of
% corner Section 66
of Section and proceeding
6 and
and thence
proceeding thence
thence
00 degrees
00 degrees38
degrees 38 minutes
38 minutes 05
minutes05 seconds East, 2 81.93feetfeet from thecenter corner ofSection proceeding
South minutes seconds East,
05 seconds 280.50
East, 280.50feet;feet; thence North 89 degrees 17
17 minutes
minutes 45
45 seconds
seconds East,
East,
South
South00 00 degrees
degrees 38
00 degrees 38 minutes 05
38 minutes 05 seconds East, 280.50 feet; thence
t North
henceNorth 89
89 degrees
degrees 17 minutes 45 seconds East,
minutes 05
38 minutes seconds
05 secondsWest,West, 28050 feet; thence South
South89 89 degrees 17
17 minutes
minutes
1,184.97
1,184.97 f
1,184.97
feet;
feet;
eet; thence
thence
t North
North 00
henceNorth 00 degrees 38
degrees
00 degrees 38 minutes 05 seconds West, 28050
28050 feet;
feet; thence
t hence South 89 degrees
degrees 17 minutes
45
45 seconds
secondsWest,
45 seconds 1,184.97 feet
West, 1,184.97
West,1,184.97 feet to the
feet to Point of
the Point
tothePoint of Beginning.
ofBeginning.
Beginning.
Tax
Tax
TaxItem 75-024-99-0018-000
No. 7S-024-99-0018-000
Item No.
ItemNo.75-024-99-0018-000
*2019156284 Page 20 of 24
EXHIBIT
EXHIBIT BB
EXHIBIT B
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PHONE <730 953-3335 FAX <730 953-3384
LIVONIA, MICHIGAN 48150 SEEE-ES6 (VEL) INDHJ NVIIHOIN ‘ALNNOJ NAVA
________ WATNE COUNTY, MICHIGAN 5-.
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SIBLEY BE
Sat68
EXISTING REGULATED WETLAND = 12.61 ACRES
SEDTS S SHA
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PROPOSED WETLAND FILL = 0.91 ACRES

C
NUMBER
T
ROAD
ROAD T
OIA ToTO WETLANDS

TAG 9
Wer.
LOCATION MAP
WEll.AND
PENNSYLVANIA
MAP OWETLAND. AND
ESTATES AT HAWTHORNE WOODS ~ SINGLE FAMILY DETACHED — 93 UNITS

NOT TO SCALE
UNITS
TOTAL UMTS FOR ESTATES AT HAWTHORNE WOODS AS EXPANDED ~ 133

c SCALE 93 MEE
- NE
ADUACENT
ADJACE!
PENNSYLVANIA TO JACE
TO
KWETLAN
-WSW
WETLAND
AT 0
OTS LOTS
LEGEND
NOT DETACHED
LOTS
NOTE
ELIMINATION OF EXISTING UNITS 17 & 29 FOR ROADS.
LOCATION DIECTED
ALL
E NOTE
wETLAND
ALL
LALL
woes
6MTB FAMILY
SINGLE
-
J
WOODS S
NEW ADOITIONAL UNITS — 42
UNDEVELOPED WETLAND = 7.64 ACRES

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UPLAND OPEN SPACE = 2.98 ACRES

/* A
EXPANSION PLAN
frie
30 60 T
o
TYPICAL UNIT LAYOUT

= 2
EXISTING USE
USE
TOTAL AREA = 15.28 ACRES

HAWlHORNE
SOUTHERN PARCEL
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AT
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WNININOONOD SOOOM INNOHLMYH LY S3LVISI
'2019156284
-2019156284 Page 22 of 24
EXHIBIT C
EXHIBIT
EXHIBIT C C
-
Whentheplerthesbeenproperlyse
twine,wee.endburlapkuntheioponelh
Theplenisshambearienledtogiv
am10.Aapientmalenalschadbeprunedanding
oonotowndecouousar.v.oreenmeesdirecoymerusaren-orunderowwh
Onlyuluroloolor.Enelyshreddedho
Treesehowafmrkmu4*)misornuaiwW
Theplantmalei1ele
''Y*ismesmowspnorwendecopeooneoucsontoremidiocasmoruisitywor
''8m''""'hd'na
Pmnusserofina
Acersaccharinum
ehetedMnWlho
INVENTORY
LANDSCAPE
BlackCherry
speciricebns
ordNurseryrnen
PLANTING
BOTANICAL
CONDITION
PtANTING
PROPOSED
ncanmielytonbranchesanderntM
SilverMaple
As Standanis
549M.S.7"-16"Acersaccharinum
Assodeban
lancewth
tillo Sussehekha
SIZEbio
represenletive
"''''d*
NOTES
COMMON
Fair/Poor
andrepresentatiw
endinspeceed
(20')1romihecenlarrmeofmeihoodwussforplantingholes.
plantAmoncan
Nursery
mewimwetmenty.svepen=n(2s%)disbad.andewrnrudbymeOwnees
# TREE
Ouercus
pakistris
UST
NAME
NAME
Siods
INDICATED
TAG
Poor
Save
Quercus
palustris
in wilh
INVENTORY
LIST
INVENTORY LIST
TREE INVENTORY LANDSCAPE NOTES: _____________________
PLANTING NOTES: Lees ves ana |
animum
sisted
(3")awayfromtheault
530
mbrum mbra
Fair
Save
seroona
TREE LANDSCAPE PLANTING
pianting.
City
and
the
for
s shall
tree mger.
1
9'
TT
531
Red
Oak
Prurms
Save
PROPOSED "PLANTING
serotina
CONDITION
Remove
BOTANICAL NAME NAME

Quercus
SIZE(an) COMMON
TAG #» SIZEidbnj COMMON NAME NAME
INCLUDING
Cherty
ihe
sweemmeriod
enh
REMOVED.
CONDITION planting
nursery
TAG BOTANICAL PROPOSED
or
Pr serotina Chem Poor Ingtakation
1. InsMabon of all material Mil
plant material
all plant shah be accordance
be <nin accordance with thethe laMsl edition or
iates edition of tathe
Theamournorpruningshan
e ment
ilmi
pleN
24
OV RETAINED.
532
46"
I. o< with
lheowner's
remanes
Black
Fair
Poor
Save
sacchamm
Standards for for Nursery Nursery Stock S1ock and and Min wilh Vw the
by
530 9* Pivnus semtina Black Cherry Poor Save
Sv American Association el Nurserymen Stendards
of Nurseryman
REMOVE
= - runus pop
THOSE
TREES
Quercuspalustris
mea
atoig Thethe
so ate the
tunerican Association
Pin
reW1any
533
21"
Oak
SAPLINGS
Prunus
Poor
.
saccharum
.
Very
forth by by tee the Qty Cy d Mictegan.

Livonia, Mctagen.
of Uvonie.
owner
set iorih
e
‘specifications
Cherty
Acersaccharum
ve
excavaied
531 24* Quercus rubra
Quercus rubra Red Oak hail
Fair Save
ONLY
tpecAcMons eel
be
emenalon
plerit
17"
534
s 3. 2
Black
bekre
Fair
Save
532 467 sacchaninum Silver

Acer saccharinum Maple Fair / Poor Save 22 The materials she!
plant matedale shall conform conform 10to the the type staked on on trie plant tet
the ptent kst. SOM Sizes ehaU shall be be
SHALL
TREE
or youn
46* Acer
waler.rootben
532 Silver Maple Fair/Poor Save The plant type Mated
Overcuspalusfris
sha be be ini)
535
Pin
Oak
messurmmenty eha*
/
ame. All 2 measuramente

Fair
Save
ox
OTHER
TREES
Fair / Poor Save
nursery.
Oak
she
palustris Pin Oak
Sugar
Maple
21 Quercus paiustris tee minimum etetod on tee piani fcU or larger.

LIST
533
THE
....---
topsoil
AS
._.___-
Quercus Pm
533 21*
Black Cherry
Fair/Poor
Poor
Very Poor
Save
Remove 2ccordance
ie withrarer
towith sees!
ihe tweet Sonedition e#ion ot of the Americen AAssociation
the American Nurserymen
of Nmerymen
lhe
534 17° Prunus serotin
The
9"
536
accordance tee ttocietion d

Acer
INDICATED
TREES INDICATED
THOSE TREES AS
Good
Save
ONLY THOSE
planted
ALL
..
saccharum
en-emdagradable
..
'""""'''''''''''*""*'''''''""'''"'''''**"'''"'*"''''''
IN
demon
SugarMaple
atiimes
534 ir Prunus semtina Black Cherry Very Remove
StanderUs for Nmery Stock
any
ONLY AS
PROPOSED WILL
rl
ht
shiihdy
compensaie eveent
9"
537
10"
inspected by
and inepected by tee Owner's
Bie Oamere
. ./-
material sriet shall be be nunery nursery ^own grown and

Acer
Poor
Fai Save 3. The The ptentplant material
.
.
Pin Oak
Save
9 Quercus palustris
level
835
.
.
---_...._ .
BE
frorn
.
.
.
.
Spruce
Sugar
Maple
.
4
INVENTORY
TREE MVENTORY
THE TREE
Norway
REMOVE ININ THE

Juglans
wilh
tree
535 9* Quercus paiustris Pm Oak Fair Save
pits
3.
beTietopsoiluhameefreefmmonaressand
REMOVE
shrubs
. .
soils
which
14"
14*
Picea
abies
plant
538
Red
Walnut
Acer
Fair
Save
kees
same
planting. The
before planting. The Owner** representative
Owner's representative reserves tee right to
the right io
plan
Tepresentative
Ple
536 9° seroting
Prunus semtina Cherry
Black Cherry Fair Save
part
pit.
gado
palustris
one
3
ALL
lhe
dih
SHALL BE
LIST SHALL REMOVED. ALL
BE REMOVED. representative bekxa reeervoe
per
(3)
536 9* Prunus Black Fair Save
spedn0.
LIST
m
BE
material at at any any timete.
or kunks. Ngher
Good Save reject any plant material
any plant
eues
$37 10° Acersaccharum Sugar MapleMaple
. /
were
INCLUDING
weh vet.
TREES INCLUDING
OTHER TREES
Ma
Pin Black
539
13"
Thesenowplantoshaunisobeguaranisedbraperiod
Fair
Save
they
clay
Wee graduany
wireerpeiting,
and
one
refect
rubra nigra
(1)
'..
.2
.._
OTHER
SAPLINGS WILL BE RETAINED.
BE RETAINED
537 10*
538 14-14" Acer rubrum
Acer saccharum Sugar
Red Maple
Good
Poor
Save
Save designated "BAB"
Plants designated
4. Ptents "BLE" shal shal be balled and
be belted burtapped witn
and burtepped wilh Srm batts
frm beet earth.
of aerth
aiu
lhe
LANDSCAPE
and misture
4. ot
540
26"
.
Fair
Save
at
du
Overcus Quescus
back with one ono (1) part

--#533
and badrM
..
of teethe tree rota and

tree rpotM*
Sugar
Maple
hve (3) times tee width oi

the width
..
5. Dig troe pits

Dig tree
-
_.
SAPLINGS WILL
-s
..
..
..
-- ..
538 14-. 14* Acer rubrum Red Maple Poor Save 5. pit* three (3) time* wite (1) part
and
If
-
541
aling,
injured seusng
Acer
Fair
Save
.
-
-
-
-
.._.
-
539
539 13
13* Acer saccharum
Acer saccharum Sugar Maple
Sugar Maple F
Fair Fair/Poor Save
Save topsod and one one (1) (1) part
pan cod sod from from excavated
excavated p*. pt. Plant
Plant bees bees at at teethe same
same rede grade levellevel
Jugfansnigra
topsoil and
-
andguysaem
HE 15 1
6"
evident, plant
are evident, trees
plant trees
542
F:Fair Save which they

at which planted at
were planted at tee nursery. tfttwet,
the nursery, wel, clay clay so* 30% are
Good
Save
540 26° Picea abies Norway Spruce Spruce
PinOak
10V
BlackWalnut
pinfris
540 26* Picea abies Norway Save st they were

Juglans nigra ni H ad sightly
shrubs sbghtiy higher
9"
543
Good
Save
and ahrubs higher
..
Mulberry
SverMaple
541 6* Jugians Black Walnut Fair Save

4AC 4 © ins nigra Black Walnut F Sons 8. The Contractor •
The Contractor responsible
is reaponeUe planting tee
for planting materials at
the material* at tee correct grade*
the correct grades and and
and
d. tor
9"
544
28"
Oak
h Save
_
80pearNCE.
Oak PinOak
best appearance.
Good
shal be orientad to
be oriented give tee
to give ihe beat
.
542 9° Acersaccharum Sugar Maple Fi Save spacing. Th* piants aha*
The plants
VeryPoor
542 9" Acer saccharum Sugar Maple Fair Save
withapHrangebatwoon60and70
apacing.
.
malens
plashc
9. e.7
545
16"
with tee topaoil

the topaoil
eensplant4
Sugar Maple Good Save 7 When tMien the plant ha* hes beenbeen property property aec set. tee the pit shall be
pit anal backfied w«h
be baciMed
Remove
15P - 543 9 saccharum
Acer saccharum
palustris
543 9* Acer Sugar Maple Good Save tee plant
season.
toremoved
P
Pin
water. @
Oak
. matureTou gradually top Aricept Ming, patting,poping er
Morus
Good Save
Save
544 28 palustris
Quercus paiustris Pin Oak Oak
Remove
and settttog vrite
Acerseccharurn
544 28* Quercus Pin Good Save
Reve
bans
Pin Good res to have a fcxs loot |4*)
10 have (4) crcie of mulch,two two inehe* (2"}deep, and three inches
three mche*
8"
Querce s palustris 8. Tree* orcto deep, and

547
11"
Fw
limiled
ernovel
Poor
settlement.
COMPOSITION)
saccharum
t
naturii odor, finely shredded

color, finely shredded hardwood hardwood bark mulch
berk mulch
distrauled
45
545 16*
M Quercus paiustris Pin Oak
Oak Mulberry
Good
Save
Save
awmy from
(37) away the sunk.sunk. Or*y Only natural
WILDLIFE
PROPOSED LANDSCAPE (3*) from the
kom
leaving
548
10"
Pin Red
BERM PROPOSED LANDSCAPE 546 8 Quercus Pin Oak
palustris Pin Oak Far Save wil be accepted.
be accepted.
consolmoomuses
TO FOUR
DISTURBED
- THREE FEET
socorrenanded
aRer
Fan-
HABITAT
546 8* Quercus paiustns Save wk
for an
the as
aa
or
•-------#534 LOCATION MAP not to scale
limbs
BERM ■ THREE FEET TO FOUR
Fair
Save
Remove
547 1" Quercus Pin Oak
palustris Pin Oak Faw/ PoorPoor Save Remove a*
S9 Remove twine, wire,
alt twine, wire. and and burtep burlep from from the Top oneOne third third ({1/3) tree end
of free sheub root
and shrub root
one
preparalion,
4') IN
(3'-- 4')
FEET (3* HESGHT
IN HEIGHT the top t/3) of
F
547 11* Quercus paiustris Fair/ Save

E
3
(1)
\v
RedMutoerry Mulberry Poor Remove ‘bake and fromfrom lee trunks. Remove
ree trunk* Remove al non-biodegradable
a non-btodegredabie matenal such such a* as plplastic or
slubs
three
S48 10° Morus bre
could
'cols
FEET
ions
of cornplemd dead
550
10"
Morus
rubra
Fair
Save
serofina
MM and matenai astic or
triebie
negundb
bebe
SugarMaple
Red
aorgeme.
APPLY
548 10* Morus rubra Poor Remove
n
joaissivns ieriniratbdming Alree wrap. stskes. and guys ve to©
faur cuts
areasan over
Acer saccherinum Silver Maple Very PoorPoor Remove
be cias
549 S. 7°16" Acersaccharinum
M.S. T'-tG"
gradebedNeeniber
ninN
and
nylon crxnptetefy from branches and slam* Al tee wrap, ateke*. and guy* are
lhepianhnes
551
17".
Poor Poor
Remove
serorina
Maple
b merasshon.
Very
Sugar
graded
evenly
Supplier's
SEED
549M Silver Maple Very Remove

CONTRACTOR
be removed alter one (1) wrter season
han
aseson.
or
me
or
SPECIES
inches
undonn
9"
552
19"
Red
shall
Acer
amount
The amount pruning aha*
of pruning
Elder
Aodeistesn(13}evergreene.
repaired. The
8",
piant makariaia shat be pruned pruned and injuries repaired.

and frifuries
Fair
Save
All ptonimateriaiaahatM
AREAS
10. Alt
. ..-h
Save
Prunus
10° Juglans nigra Black WalnutWalnut Fait

saccharum
S80
BERM
Cherry
proomkwes
THE
550 io- Jugians nigra Black Fair Save 10. of

LANOSCAPE
be
SPACE
13 IN SHEET
areas
^ho*c'a**"ubjecmchageduemmensconchat
553
Blat*
deplh
for the 108s of
the to** of
Acer
Fair
line
berm
‘Da fimited to the removal
10 tee removal of of deed dead or of injured kmbs and and to compensaie for
fo compensate
Prunus
OPEN
shes
Fair Save
ALL
551 gr Quercus palustris Pin OakOak

MIX
THE
AND
peau
saccharum
Cherry
551 9* Quercus palusths Pin Fair Save M limited it^ureO Ivnb*
Poor
Very Poor Remove roots from
roots from transplanting. Cuts should be flush, leaving no stubs. Cuts over three three
---
"17°, 19* 19" Morus rubra Mull

Red Mulberry
four
aner
THE THIS
9"
554
11"
Box
(4")
Black
BERM THE
STAKE(SEE
Fair
Save
11.
and
psoposed
transptontmg. Cute ahould be flush, leaving no stub*. Cut* over
APPLY THE WILDLIFE
WILDLIFE HABITAT
HABITAT SEED
SEED
TO
S5288*. 17*.i wr Moms rubra (ed Mulberry ery Re Quarters of an inch (34°) shall ba painted with ee paint PAT. ShrubsShubs along the the site
sits
552 Red
saccharum Very Remove
d.)Nurserymen
APPLY THE
FOR
quarters of an inch (3/4*] shall be painted wite tree along

555
OF
Fair
Save
air parmeter shal be showed to
be alowed together inin aa natural
Grow together
10 grow natural form. form.
TC APPROVAL
inspected;
Acer sacctianim Fair
MIX TO AREAS BERM
THE BERM ALL
AND ALL 553 9* Sugar Maple Save
Standards
MIX TO THE ANO perimeter shall
13.12.
ese
law
dan
of
Organ, friable
1. Organic, friatée topsoltopsoil aha* shall be eventy diatributed
be evenly drstribuled and and line graded over
fine graded over alsi berm berm
.
wedure
Hebtst
erasen
OPEN
THE OPEN
OF THE
6"
DISTURBED AREAS
11"
c
,
556
,e,,e,,,,,,,,,,
Good
Save
Fouow
Maple
#536
Sugar
Deputrnen
Northern
DISTURBED OF 554 ir Acernegundo Box Elder Fair Remove II.
saa As
30
me
be
no
MATEMA
areasal uorm depth
a uniform depth of of fourfour mche* inches (4*) (4°) after settlement.
after setttement
acompted);
10V
557
13"
(SEE THIS
SPACE (SEE FOR
SHEET FOR
THIS SHEET Acer
Fair
Save
Maple
Sugar
SPACE area*
areesquemmenene-w=Whm
555 6" Pmnus semtina Black Cherry Fair Save
REPRESENT
nursery
grown-.
Nurnery
November 30
than November the fa*
30 inin tee season. The
fak eeaaon The
m
2. Al plantings shall be completed
All pianbngaahalM completed no Later teen
no later
CONTOURS
Gueranteed
SPECIES COMPOSITION)
--
Seed
/
12.
558
13"
for
and
Acer
Fair
Poor
Save
nudenal
SPECIES COMPOSITION]
FIELD
Sugar
Maple
1,7
WILL
materials isi appnwimeasiy

pant matonah SPNOKVTIGNY
andbe:
Fair/Poor
ir Black Cherry Save
Gate intended mateeebon
of intended insiatistion for lBNGSCeDe plant
Kr landscape
THE
556 Prunus semtina
be nts.labor.andmalariels.
10Vv.
-y5
piovided;
ysugarMassea
date of
watered,
accordmg
bwrapped,
559
12"
Acer
Save
d rigNeraGnminspec6an.
(1') 4",
Fair
THE
Slodt
owners-+.-piaresuben
1 OV 557 13’ Acer saccharum Sugar Maple Good Save Spring/Summer,
SpranglSurnmer, 2020.
2020.
notStaked,
me
procedures for fox bed preparation, matalaiion.
bed preparation, neialation, and and
.
Folow tee
13. Folow Suppers recommended
he Suppker** recommended procedure*
.
560
13"
-
-
-
-
PLANTINGS
Sleie
llure
FOR
myeo,,e,y24.2cu
THE LANDSCAPE CONTRACTOR
LANDSCAPE CONTRACTOR 558 13* Acer saccharum Sugar Maple Fair Save 13.
MoasLNres ofof tee
CONtIO! measure* proposed WMifc
the proposed Wikdik Habitat Habitat Seed Seed area* areas.
.
THE
#0 erO5I0N control
.
unmad
uMarn
THE BERM
STAKE THE
WILL STAKE THE
BERM ININ THE
by {park
/
grade
CHANGE
.
soi eroefon
more for
a.)
559 4* 12* Acer saccharum Sugar Maple Fair/Poor Save
PLAN
eainosdes)
rsugaruspres,rRed
deini
WILL
resmW . comorpine)
hues
cmwn
.
MATERIALS
oveautaas-sname.etasnes.moomenemmas.s
serwaramunseencesmanoveressuoimos.
ewim
MATERIALS
GRADE
n c.)
percent
percere
endorganic
LANosCAPe
FIELD FOR
FOR APPROVAL
APPROVAL.
FOOT
Fair
i.andscape
Acer saccharum Sugar Maple Save
FIELD 560 13*
Required tendecape
1. Raqured landscape material mawnal aha* satsfy tee
shal tatiefy crienia of
the criteria of the Association of
Amencan Association
the American of
,n,,,,,,
omia comacmamvuneveencoi.anomore'"''""
not
and
1.
matler
weight
tweniy
nursery grown; grown; b) b)
ONE
Nurserymen Standards for Nureery Nursery Stock Stock and and be: be: aa.)) Northern Northem nursery
be)
Nurserymen
AON
vear
and
Standard* for
i
A
n
State Department of Agriculture tnapeewd. c.) No. 1 grade material wite e. straight,3
...
(20%)
and
one
evetassaarrOp-
e.)
me
u-osmarammummenetroncoutocausen.-n-
ed
to
(Pi,rus
---#54
13 TC
13 TCI
..
..
IN
than
4
(5%)
5
0
unacarred du*, and wel-develcped uniform crown (park grade trees wk not be
coniect
CallMISSDIG
0)
s
Norway
■#540.
,,,,,
EMSTWGGRADE
DETAll
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'
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n
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workans, GENERAL
of
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(Amr
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2. Topso* aha* be friable. ferW* so* of day loam character ccniaining at teest Ave
~
-
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AREA
31eenu
s
LOCATION: scale
and
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percent (5%) but not more than twenty percent (20%) by wefoht of organK matter
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SITE
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with aa pH
with pH range between 66 00 and and 7700 The topsol aha*
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be free coarse sand,
from coarse sand.
she
ior
reuenennot
range between
————4543 3" Sugar
Sugar Maple
Maple &&
3
3.
BERMDETAIL
nOttoscale
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and foreign materials.
MAX.
not
EVERGREENTREES
ptent roots, l.
oronoo)year.
Cherry
Black Cherry
3" Biack
me
—
5- r
LANDSCAPE
NAME TwOFOOT
Catery Peer
33. CeSery (Fyrus calleryane) and
Pesr (#yrvsca*er>wne) Norway Maple
and Norway Magpie (Acer pistancides) the*
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percera Aamsenesweansonste
3~
ube.ewipnent
""*8 ned
Osn
17
Hawthorne to
..
3
substituted
substituted for any tree
for any speces in
ree specie* in tee pland kst
the pianl Contact foe
kit. Contact Landscape
the Landscape Architect for
AmMd for
TOPSOE.
acoeptable substiutions.
plant subsSUion* OVERALL SITE PLAN
OVERALL SITE not to
not scale
to scale
-.-#54
.,,,,
acceptable plant
4-7-
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juma.
represenselive.
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=~ —— 5" Red Oak GENERAL
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GENERAL
imraneamemmvancoutomeEe-me.
LANDSCAPE
gumamme
gs miehing
ee ff5 25 11. DoDo not not piml deciduous or
plan deciduous evergreen tree*
Of *vergre*n directly over
ress direciiy over utMy tidy knee Snes oror underunder ooverheed date: February 24. 2018
24, 2019 om
Plant
rio.orianoas-ood
BOTANICAL
verhead
Subdivision
F8P'"
ce,
date: February
PROPOSED
Laridecape
wires. Maintain aa *a foot (6*)
sux fool drstance from
(8') ftstance from the centerine of utiktes and
of utObe* twenty foot
and taenty feet oiano: IN
pnwiding
neessary
wrae. Mamtaei tn* centerline
._...
wires for planting hole*
for planting holes. Cafl Call MISSMISS OtG DIG revteM:
-
subemusons
(20) from from the canierbne of overhead WVB*
of overhead
r
\
\
.
ese
De est
(20T the centerine
meinnat
canstfonets
dimospanoes
04-16-2016 Add awtoenlUJevergreere.
ated
rutemmion.
construction for for Held kocaton of
field locaSon tity in**
of utkty ines. hoped
"u"""M"=""=="=9="'-
forty-eight (48) hourahours prior prior to iandscape construction
10 tandscap*
PROJECT
landecepe
- .
forty-eight (48)
empanas
me
ovlab*l 4 remove untebe«M
ys,
period atof on* one (1) year. At

(1) year. At
conmut
2. Th* Contractor agrees
The Contractor agrees to Guarantee a*
to guararaa* material for
plant material
all plant for aa period 04-22-20ie Coned
smiriceberry
2
y 2
PLANT
cOMMON
devanons
approved
TH4
sommmic
2.
"'nTownship,
so
wovound
-ngunon
the Owner's representative reserves the right for a final inspection, Plant
48
that time, tee See symbol.
UNDERSTORY
wee -
tfifhite
Anhilect
LIST
Landsmpo
.-
HEIGHT
foot time, Owner's representative reserves the right for a Anal inspection. Plant
EXiSTINGTHREE
op
he
4" Norway Spruce———- Norway Sfxuoel | LANDSCAPE BERM DETAIL not to scale trial wite twerd. fie percent
wif twenty-five percent (25%) (26%) die back. as
dhe back, detserned by
&% determined fhe Owner
by the Owner’* Ea tro oww 0 or
Ac
ca,me.nor,.
shan
shal be replaced. This guarantee inckxies the urmvehing of naw a —
Eastern
so’ eo w
representative
material
13
ee
.
_
_
NAME
!
HWoods
i
QTV.
10"SIZE
.
°
BERM
FEET
eme h
TO 3 1 (3*)
orige
CaHbm.ima
represenletiv* aha* be replaced This guarantee include* the funitehing of new
w.mes
Eastern
Hemlock
bidders
sso be guaranteed for
be guaranteed period
kor a3 period ne SN
shobus
plants, tabor, and matortals. Thea*
and material* These new new plant* plants she* shal also
N"**F
PS KEY
i
Phase
13PA
X-
13 PA ptenta. labor,
med
2-calsae
au
NagyDevlinLandDesign
scale: 171* == 30*
Owners
'au"Eo"L'm"8"o*n
mapact
Pfnus
year,
supoit
one ft)
ofof one (1) year.
-
scale:
PLANT LIST
prior
8P"'
from
must
IN
seen
LANDSCAPE
PROPOSED LANDSCAPE
emi
AsAuaM
Labor, SQUINTN, tools, 100K, .
hphanbean
33 Jo) The work work aha* conse of
shal coneiat pio alall necessary
providing
of providmg necessary materials.
LiVOnia,Michigan48150
..3
below.
BERM •"- THREE
PROPOSED
.
Pine
*W"
Tsugs
888
KEY QTY.
Key BOTANICAL NAME NAME
COMMON NAME SIZE oe matenai*.ciomted he draurngs
on tabor, PROJECT LOCATION:
-
PLAN River
Drive
iho
Fee? Gn
Side
THREE FEET Th* equipment
Huron
.d
by
- OV-
QTY. BOTANICAL NAME COMMON SIZE PROJECT LOCATION:
Asnedcan
LANDSCAPE
BERM (T) IN
site
TREES
must
moumx o.c.nencs.amonen
curcEa="Eane''
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B&B
13
BERM-THREEFEET(3')IN
and supervision required Ax the comptebon ae indicated on the drawing*
a"M~'"""""""
em
or
e be
*7 6.5.
by
be mgaieOstigaied by by an aulomebc underground
an automatic underground mgation iTigation system. sysier. lawthome WoodsWoods
-
shall be
=
10m 888 Landscape areas
4. Landscape areas aha*
n
HEIGHT ty
EVERGREEN TREES
TREES Hawthorne
the
and
lhe
4.
unse
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any
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lo
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h
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Picea abies Norway Spruce
Norway Spruce r •- 10* hL BAB 55. Al subslitulions or
All subateutiorw deviations from
or devotxxe from the landscape pian
the landscape pian must must be approved by
be approved the
by tee Phase IIHt
Subdivision Phase
0V-
11 OV-
Subdivision
2-cai
25
6'
i
REMOVED
II
PS 15 PMusstrobus
Pious strobus Eastern White Pine
Pine 5-10". B&B Landscape Architect Architect prior prior Io 10 metalabcn
installation.
BE CF
PS IS Eaetern White r • 10* M. BAB Landscape W. Side

W. Side of
of
WILDLIFE
Ospya
TCN canadensis
Tsugs canadensis
25 Tsuge Eastern Hemlock BAB
ht. BAB
€ hL 66. Al bidders must
Al bidder* Inspect tee
must vispect the site sae and report any
and report discrepancies to
any dtaaepenae* the Owner*
10 tee Owners hy
(TYP.)
3CF — |: TCN 2$ Eaetem Hemlock r Drive

River Drive
Huron River
aN of
Appiic.nonver
Kom whats below.
cal.
3CF
representative.
HABITAT
Huron
sas
1 UNDERSTORY TREES TREES
coo%)Grosses
"*"''''*"'
TREE
repreaentalhe
YenowromafEighty
UNDERSTORY
B&B
Call bofors yeu dig. of Sibley
& N.. of Road
Sibley Road
er
77 A* specifications are
Ak spedficalion* subject to
are subfect Change due
to chenge existing conditions
0us 10to existing condwions
Ave.FOR:
canadensis
Amelanchier canadensis
&4 Amelanchier Servicsberry Z" cal. BAB
-
i AC
.
-
-
5
AC Serviceberry 2-caLBAB
cf Sorids
Comus florida
7 7 Corrwa Dogwood
Flowaring Dogwood 2° cal. BAB 88. The representative reserve*
Owner's representebv*
Tha Owner's reserves the the right approve ad
to approve material
plant material
ail plant Township,
Huron Township,
2-
r
right to Huron
(248)uy'"a
CF Flowering 2** cal. BAB
Michigan
SCARE pp
Nora
3
son.p-iono
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cal BAB
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acomemoasuaa===mra.
i OV virginiana
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33 0strya American Hophornbeam Michigan
Grand
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EXISTING TREE BE
TO BE
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449-8084
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EXISTING
LANDSCAPE
LAN PLAN FOR::
PLAN
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LANDSCAPE
percent
ase=d)pe=
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(20%)
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MiX : Taian omer ~ : Erne ToD Lv e271 ht 0 NER 42400 Grand River Ave.
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E cMEe
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ig WILDLIFE HABITAT SEED MIX \
Er
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HEIGHT
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Page 23 of 24
common
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scale:
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or-
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11770 Cutter Road
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[Ld Portland, Micftgan
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* Base data provided by
Phone: (517)847
(517) 847 6010
6010
/
UDANDSCAPE BUFFER PLAN scale: 1" =30' Fax: (s17)647 6072
Phone:
PLANTING DETAILS notto scale ARPEE DONNER.
=
ARPEE IDONNAN.
Fax: (517)647 6072 INC
'- 20191
STA1EOFMICHIGAN,
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CERTIFIED
no. a 106629 mau €-000579-cz
40579-
106629
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106629
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No.
E-314 BK.
GARRETT,
COPY
Circuit
County,
A
CERTIFIED COPY
CERTIFIED COPY —
—“LAW”
“LAW”
CATHY
Clerk
fo Clerk
correct
Wayne
sSlE OF MICHIGAN, 1 .
Boa)
egoing
Wayne,
hereby
the
the
for
and
certi
above
CATHY M. GARRETT, Clerk
M. GARRETT, County, and
Wayne County,
Clerk ofofWayne the Circuit
Clerk ofof the
and Clerk for the
Court for
Circuit Court
of
I, CATHY
M.
of
I,
true
Coun
that
I, the
and
the
the
Wayne, do
of Wayne, certify, that
hereby certify,
do hereby the above and the
above and fogegoing is
the foregoing a true
is a correct
and correct
true and
is
County of
of
do
County that the
a
^pountyofWayne J
,
of _AQ
copy of
copy al
(| OUeT \ ld 2 VEEN
e2 4
4 REA
entitled
transcript
entered
o< ,
appears
SAL YAG
therekom,
LN
original,
record
Court,
Q
compared
theasce.
above
cause
/ G
and thereof
have
That
it said
the
whole
appears of
as appears my office.
in my
record in have
That II have
in
in the
entered in above entitled
the above cause byby said Court, as
as
of
entered
in
my
true
1hstimony
by
same
with
entitled cause said Court, of record office. That
Court I
and
dayWhereof,
the
and
the
compared the same the original,
with the
same with it is
and it true transcript
a true
is a therefrom, and whole thereof.
the whole
and ofof the
is
of
compared the original, and transcript therefrom, thereof
hereun
a
Detroit,
County,
seal
said
have
the
InIn Testimony Whereof, II have Bmy fh os and affixed the seal of said Court and
have hehereuntftiMMnyghand
of
In
Testimony Whereof
A.D.
this
20
>". County, atat Detroit,
Detroit, this
this day
dayof
of wifi I
at
of
GARRETT,
County, ZU19 AJ). 20
Clerk
M.
M. GARRETT, Clerk
Deputy
Cierk
ree,
\
Fee,* . , Deputy Clerk
.
EXHIBIT 2
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
ESTATES AT HAWTHORNE WOODS

CONDOMINIUM ASSOCIATION,
Plaintiff, Case No. 23-005877-CH

Hon. Sheila Ann Gibson
v.
INFINITY-HAWTHORNE WOODS, LLC,
Defendant.
MAKOWER ABBATE GUERRA HOWARD & HOWARD ATTORNEYS PLLC

WEGNER VOLLMER PLLC By: Michael F. Wais (P45482)
By: Benjamin J. Henry (P72222) Jonathan F. Karmo (P76768)
Attorneys for Plaintiff Attorneys for Defendant
30140 Orchard Lake Road 450 West Fourth Street
Farmington Hills, MI 48334 Royal Oak, MI 48067-2557
(248) 671-0137 (248) 645-1483
bhenry {fmaglawpllc.com mwais@howardandh6watd.com
j karmo: T1 how ardandh o ward. c o m
AFFIDAVIT OF RING SOAVE
STATE OF MICHIGAN )
) ss.
COUNTY OF WAYNE )
I, Rino Soave, being first duly sworn, deposes and state as follows:
1. I am the principal and sole member of the Defendant in this case, Infinity-
Hawthome Woods, LLC (“Infinity”).
2. I make this affidavit based upon my personal knowledge.
3. If sworn as a witness, I can testify competently and truthfully to the matters set
forth in this affidavit.

4. On April 30, 2019, when Infinity entered into the Consent Judgment with the
Charter Township of Huron in Infinity Hawthorne Woods, LLC v. Charter Township of Huron,
Case No. 2018-000579-CZ, Infinity owned greater than two-thirds of the units in the overall
condominium project.
5. On March 11, 2020, a meeting occurred between Infinity, Plaintiff, and several
homeowners in the condominium project. Several topics were discussed, including electing the
Board for the Homeowner’s Association, the 2019 Consent Judgment, and Infinity’s planned
Phase II of the project.
6. Meeting Minutes were prepared by Infinity following the meeting, and, on March
18, 2020, the minutes were distributed to all co-owners. A copy of the Meeting Minutes and the
correspondence to co-owners is attached to Infinity’s Response to the Motion for TRO and
Preliminary Injunction as Exhibits 3, 4, and 5.
7. On March 23, 2021, a meeting occurred between Infinity, Plaintiff, and several
Board members for the Homeowner’s Association. Infinity provided additional plans for Phase II
of the project at this meeting.
8. Following the March 23, 2021 meeting. Infinity prepared meeting minutes and
distributed them to all co-owners. A copy of the Meeting Minutes and the correspondence to co
owners is attached to Infinity’s Response to the Motion for TRO and Preliminary Injunction as
Exhibits 6, 7, and 8.
9. After the 2019 Consent Judgment, Infinity also prepared a sign that showed the
planned Phase II and prominently displayed the sign in its sales office for all purchasers to see. A
copy of the sign is attached to Infinity’s Response to the Motion for TRO and Preliminary
Injunction as Exhibit 10.
2
10. The Phase II property belongs to Infinity. Infinity alone owns the property.
Plaintiff has no ownership, or even arguable ownership, in the property or any aspects of Phase II.
11. If an injunction issues preventing Infinity from continuing with Phase II of the
condominium project, Infinity will sustain irreparable harm. Infinity will have to continue to
maintain the property, including paying taxes, insurance, and other maintenance, without being
able to develop the property to earn a return on Infinity’s investment. Infinity also faces the risk
of losing contractors whom Infinity has engaged to move forward with Phase II as well as an
increased cost of materials the longer the project is delayed.
Further, Affiant sayeth not.
Subscribed and sworn to before me

This day of
County of Oakland
Notary Public, County.
My Commission Expires: ulll
Acting intXte-'lcz/U County
3
EXHIBIT 3
Meeting Minutes 03/11/2020
6:00PM
Huron High School
Media Room
Attendees: Representing Infinity Homes & Co.

Rino Soave, Owner
Liz Thomas, Administrative Assistant
Representing Hawthorne Woods Homeowners Association

Greg Redmon
Cynthia Jones
Bob Verhelle
A total of 6 homeowners were present for the meeting
Discussion
• The purpose & responsibility of the homeowner's association board is:
o Notification and collection of annual dues
o Enforce due payment amongst residents
o Take necessary action for collection of delinquent dues
o Enforcement of community restrictions and covenants
o Solicit for competitive bids of common area maintenance
o Oversee compliance of maintenance contractors to confirm what was contracted meets the work being
performed
o Process payments to contractors
o General oversite and beautification and upkeep of the community
• Currently there are 68 occupied homes, which means 73% of the community is completed
• Our current model home will be up for sale in the coming months and a new model home will be built on unit
#2
• On average since opening sales in the community, Infinity Homes & Co. has averaged 15-20 sales per year, at
this rate we anticipate being built out in Phase 1 by the end of 2021
• The final coat of asphalt is the responsibility of and will be completed by the developer upon construction being
completed. Due to Phase II, it could be approximately an additional 3-4 years before construction is
completed, and there isn't the opportunity to pave certain areas and prohibit construction traffic since access
to the development is limited
o The road near the model needs attention as it is crumbling and has a large pot hole
• Board Member, Bob Verhelle, inquired on how the HOA is management once we (Infinity Homes & Co.), turn
the association over the homeowners
o We (Infinity Homes & Co.) are happy to assist with recommending management companies that the
board and select or the Board can continue to run the HOA on their own
• The expenses of the common areas are shared at a rate of 44% for single family homes and 56% for condos.
The management company for the condo association is KS Management.
Board Member, Bob Verhelle, voiced his concerns regarding the maintenance of the retention pond. There are
cat tails which are covering the intake and the general maintenance of the pond is not adequate
o Rino Soave agrees in the spring we can jetvac the storm sewers and clean the pond. We will work with
KS Management to approve the pricing of this work as it is a shared expense
Board Member, Cynthia Jones, expressed her concern with the street sweepers, hired by Infinity, pushing all
the dirt and mud into the catch basins and clogging them
o Infinity's on site team should be /will be doing a better job in the future of monitoring dirt and debris in
the streets and filters of the catch basins and clearing them as necessary. We will work with our team
to ensure this is being done properly moving forward and please do not hesistate to contact our office
immediately if there is an issue that persists for more than 24 hours
The filter fabrics inside the catch basins are required by Wayne County and they block any construction debris
from getting into the storm sewer system
The budget was put together based on prior years' expenses as well as being prepared to pay our share of
expenses should KS Management start billing us. We have requested our bills several times but never receive
them. We anticipate the dues will remain the same for this & next year, but that is subject to change subject to
the expense split with KS/Hawthorne Woods HOA
o If at any point any member of the association would like to look at bills, etc., we are happy to prepare
the documents for review upon request and will need approximately 1 week notice
At this time, we have fifteen (15) residents who are delinquent on their dues. They will be notified and a grace
period will be given, however if we do not receive payment after approximately 2 notices, the HOA turn it over
to our legal counsel and liens will be filed on their property. The delinquent members are as follows:
o Jessica & Kent Atwood $400.00
o Frederick Baker & Rachelle Oleas $1,280.00
o Kevin Brooks $400.00
o Jeffrey Haener $400.00
o Ashley & Helen Huffman $400.00
o Barbara & James Kalbfleish $400.00
o Jeremy Kunzman $400.00
o Michael & Jenna Luciani $400.00
o Brian Patrick $400.00
o Fred & Sharlon Price $2,155.00
o John & Julie Ryan $400.00
o Gregory Shately $400.00
o Dana & Joseph Stephens $425.00
o Alyse White $1,280.00
The legal fees paid by the association to file liens on certain properties are assessed to the homeowner to
reimburse the HOA
» Street Parking was discussed in detail as overnight parking is prohibited by the bylaws
• Board Member, Cynthia Jones, said a Dianne Lane street sign is needed at the intersection of Dianne &
Christina, near unit #47
o We will have our onsite employees inventory the street signs to determine necessary placement
o The Board members will work on amending the bylaws to allow overnight parking except where posted
(i.e. fire lanes, intersections, etc.)
• The front entrance will be updated for spring by June 15, 2020. This is a shared expense with KS Management
so the scope of work is negotiated between KS Management and our HOA. We would like to see the stone be
replaced with mulch, but have yet to get KS Management on board
• Board Member, Bob Verhelle, would like to meet with KS Management to discuss shared expenses.
o We will request a meeting on behalf of the board
2
• A second phase to Hawthorne Woods has been Approved after a consent judgment was granted to the
developer. The two streets will be cul-de-sacs and will be near units 19-20 & 28-29. Development is estimated
to commence sometime in 2021
• The discrepancy with address street names was mentioned again. Attached is a list provided to Infinity by the
Township assigning the addresses. If you have issues, please contact the Huron Township Assessing
Department
Meeting adjourned at 8:00pm
3
EXHIBIT 4
Kristi L. Nash
1
Meeting Minute List 3/18/2020
Rob Anderson <robert.c.anderson12@gmail.com>,
zachary atanosian <zakjan1955@gmail.com>,
jessicalatwood@hotmail.com,
kwood1034@gmail.com,
Flbaker2004@yahoo.com,
rachelleann@live.com,
JAYBREEZY BROOKS <Kbrooks710@gmail.com>,
Lisabros@umich.edu,
Debbie Clark <dclark@sme.org>,
Rich Coats <coatsfam4@gmail.com>,
Vicente Dagnoni <30vsd07@gmail.com>,
Rebecca Dombrowski <becky.michigan@icloud.com>,
2
Ken Eads <keads572@gmail.com>,
RAY EISSINGER <reissinger@comcast.net>,
Amie Ferrera <amikate@yahoo.com>,
"Giarmo, Carlie" <carliegiarmo@quickenloans.com>,
Tyler Grech <grech36@gmail.com>,
agrech@emergenthealth.org,
Shona Vincent <svincent@infinityhomescorp.com>,
Sarah Grzywacz <sgrzywacz@yahoo.com>,
jhaener@comcast.net,
Shon Henderson <msshonniepooh@gmail.com>,
CYNTHIE HETTER <hetterc@comcast.net>,
Helen Kessler <helen.kessler@expeditors.com>,
johnson.angela.renee@gmail.com,
Angie Johnson <angiej@convshow.com>,
Don Jones <Drjay110@gmail.com>,
Cynthia Jones <cynthiajones1006@yahoo.com>,
ravenslp@aol.com,
Arleen <agailmc@yahoo.com>,
Jennifer Kunzman <kunzmanjj@yahoo.com>,
mhkropff@outloook.com,
John Lambrou <bjfrapples@yahoo.com>,
Katie <katielaurain@yahoo.com>,
Stefanie Zanke <szanke@umich.edu>,
rahn80@hotmail.com,
jwaugman@gmail.com,
Angela Lee <sz_angelalee@hotmail.com>,
Luciani85@gmail.com,
Mario Macari <Mmacari011@yahoo.com>,
Kimberly Maley <kimmmaley@gmail.com>,
Brent Massie <bmassie0824@gmail.com>,
Jessica Millerwise <jessicamillerwise@gmail.com>,
Janet Thompson <janetlynn13@sbcglobal.net>,
refman23 <refman23@comcast.net>,
Colleen Southers <girlsma3@aol.com>,
Meghan Matheny <Mathenym2589@gmail.com>,
Brian Patrick <bpatrick122113@gmail.com>,
J P <pomp2299@gmail.com>,
sharlon howard <showard714@gmail.com>,
Greg Redmon <cgred633@yahoo.com>,
Charles Richison <chasr56@comcast.net>,
Jessica Romak <jessicaromak@gmail.com>,
lynettemarie715@yahoo.com,
Julie Ryan <julryan77@hotmail.com>,
Dave Sarns <dsarns@hotmail.com>,
ScottSchlenkert@quickenloans.com,
Schmidt1383@yahoo.com,
greg.shatley@dellalo.com,
kuzichs@dteenergy.com,
Dana Storey <danastorey8@yahoo.com>,
jstephens715@yahoo.com,
Edward.tudryck@comcast.net,
Porsche Lynn <Tumpkins2018@yahoo.com>,
Robert Verhelle <rverhelle@hntb.com>,
joanne veselsky <jo_katie2@yahoo.com>,
Melissa Walter <mwalter615@yahoo.com>,
twelch@k-and-s.com,
3
Alyse White <whitealyse@yahoo.com>,
"Williamson, Michelle" <michellehol@rad.hfh.edu>,
j5wilson@comcast.net,
ijzama@yahoo.com
4
EXHIBIT 5
From: Liz Thomas <lthomas@infinityhomescorp.com>
Date: Wed, Mar 18, 2020 at 2:25 PM
Subject: Hawthorne Woods- First Annual HOA Meeting
To:
Hello,
Please find attached, the meeting minutes from 3/11/2020.
Feel free to contact me if you have any questions.
Regards,
Liz Thomas
Administrative Assistant
To help
protect y our
priv acy ,
Micro so ft
Office
prev ented
auto matic
download of
this pictu re
from the
In ternet.
42400 Grand River Ave.

Suite 112
Novi, MI 48375
1
PH: 248-449-8084 FAX: 248-449-8136
Lthomas@InfinityHomesCorp.com
www.InfinityHomesCorp.com
2
EXHIBIT 6
Meeting Minutes 03/23/2021
6:30PM
ZOOM
Attendees: Representing Infinity Homes & Co.

Rino Soave, Owner
Liz Thomas, Administrative Assistant
Representing Hawthorne Woods Homeowners Association

Cynthia Jones
Robert Verhelle
A total of 12 homeowners were present for the meeting
Discussion
 One board member resigned as of March 22, 2021
o We are looking to fill that board member’s spot for the remainder of this term, which is until October
2021.
o If you are interested in sitting on the board for the remainder of this term, please email Liz Thomas
with your information by April 6, 2021 at 5PM
 Only members who are in good standing will be eligible to run for election to the board
o The two current board member’s term is up in October 2021
o If you are interested in sitting on the board for a 2-year term beginning in October 2021 please email
Liz Thomas with your information by April 6, 2021 at 5PM
 Only members who are in good standing will be eligible to run for election to the board
o Ballots for voting in the interim board member to be in place of the member who resigned as well as
ballots to vote in the board for the new 2-year term will be dispersed via email, mail, or by Robert &
Cynthia personally
 This will be decided amongst current board members in the coming days
o Ballots must be returned to Infinity’s office to tally the winners
 There are thirteen (13) members of the HOA who are delinquent on dues. The board members will discuss
action such as filing liens on houses to enforce the collection of dues
o Robert brought to our attention that having February 28, 2021 as the due date for HOA dues causes
some issues as that is when taxes are due and some people are still recovering from Holiday expenses.
Therefore, the board will discuss moving the due date next year to March
 Currently, we plan to use the same contractors as last year for Spring/Summer maintenance, but the board is
welcome to obtain competitive bids to hire new contractors
o We would like to beautify the entrance this year, but that will require irrigation to be installed to cover
the entire boulevard at the entrance.
 Robert will meet the irrigation company on April 20, 2021 to view the area that irrigation needs
to be added
 Due to the nature of street parking throughout Hawthorne Woods, the board is looking to amend the bylaws to
allow overnight street parking. This amendment must be drafted and recorded by an attorney which the board
has provided approval for Infinity to get pricing from the attorney to have this done.
o Debbie Clark (37421 Theresa Lane) is concerned regarding allowing street parking and inquired on
whether or not 2/3 vote was needed to allow the change
 The Developer has the authority to make changes to the bylaws without homeowner
consent for non-material changes. The parking, to the boards understanding, is a non-
material change but will verify with an attorney before the amendment is drafted.
 Kim Vaughn (37421 Theresa Lane) wanted clarification on the proposed amendment to the bylaws regarding
street parking and the possible addition of mosquito treatment for the pond at the rear of her house due to the
severity of mosquitos in the summer
o Robert Verhelle clarified that the amendment to the bylaws for street parking would allow street
parking overnight by HOA members as a result of no overflow parking being provided within the
development.
o Robert Verhelle also clarified that he is working with the Township regarding the required maintenance
on the ponds. Currently, the pond is being treated by Grosse Ile for algae only, but we can look into
some type of mosquito control which would be a shared expense between the Condo Association and
the Estates Association
 Phase I of Hawthorne Woods Estates will likely be built out by the end of the year.
 Phase II of Hawthorne Woods Estates will likely start later this summer or early fall. Our goal is to have the
road in by fall, but that is subject to change
 There were no questions from homeowners regarding section 2- Annual Dues, 2021 Budgets Review and
Establishing a Budget for 2022
 Deborah Clark (37421 Theresa Lane) stated there are approximately 3 or 4 homeowners who have mailboxes in
front of their house which are not serviceable
o The Mail delivery system was established as cluster box delivery and individual boxes serve no purpose
and action to have those mailboxes removed will be taken
 Robert Verhelle asked if there are any agreements between Hawthorne Woods Condo Association and Infinity
Homes which the board was not privy to
o Rino confirmed that we do not have any agreements other than what is written out in our Community
Association Agreement regarding shared expenses, etc. Including their portion of capping the roads
upon completion of construction
 Road construction will likely be done in one phase, which is common protocol when finishing
developments. Construction Traffic for Phase II will be monitored as to not damage the
finished roads in Phase II
 Brent Massie (37468 Dianne Lane) mentioned the issue with incorrect addresses/street signs. This causes
issues with mail deliveries etc.
o Robert Verhelle has been working with the Township and Post office who are the parties that have
caused the miscommunication with street names. The addresses were assigned prior to Infinity
purchasing Hawthorne Woods estates as Infinity was not the developer. Robert will work on clarifying
the issues and once all parties are in agreement the street signs will be updated accordingly
Meeting adjourned at 7:18pm
2
EXHIBIT 7
Kristi L. Nash
Meeting Minute List 3/31/2021:

ob Anderson <robert.c.anderson12@gmail.com>,
zachary atanosian <zakjan1955@gmail.com>,
Flbaker2003@yahoo.com,
rachelleann@live.com,
JAYBREEZY BROOKS <Kbrooks710@gmail.com>,
Lisabros@umich.edu,
Traci Brown <tracibrown910@yahoo.com>,
Pattie Burns <pattielburns@gmail.com>,
Debbie Clark <dclark@sme.org>,
Rich Coats <coatsfam4@gmail.com>,
Brittany Dazel <brittanydazel@gmail.com>,
Ken Eads <keads572@gmail.com>,
RAY EISSINGER <reissinger@comcast.net>,
Amie Ferrera <amikate@yahoo.com>,
bfrisk@gmail.com,
"Giarmo, Carlie" <carliegiarmo@quickenloans.com>,
Tyler Grech <grech36@gmail.com>,
agrech@emergenthealth.org,
Shona Vincent <svincent@infinityhomescorp.com>,
Sarah Grzywacz <sgrzywacz@yahoo.com>,
jhaener@comcast.net,
meghanhoriaites@gmail.com,
Shon Henderson <msshonniepooh@gmail.com>,
CYNTHIE HETTER <hetterc@comcast.net>,
Helen Kessler <helen.kessler@expeditors.com>,
Ashley Huffman <ashley2huffman@gmail.com>,
jaredhurley@gmail.com,
johnson.angela.renee@gmail.com,
Angie Johnson <angiej@convshow.com>,
Don Jones <Drjay110@gmail.com>,
Cynthia Jones <cynthiajones1006@yahoo.com>,
ravenslp@aol.com,
Brian Kolbuch <bkolbuch@att.net>,
Arleen <agailmc@yahoo.com>,
deniselkovacs@gmail.com,
Jennifer Kunzman <kunzmanjj@yahoo.com>,
Wendy Duguid-Ladzinski <wduguid17@gmail.com>,
KEITH LADZINSKI <keith111475@yahoo.com>,
mhkropff@outloook.com,
John Lambrou <bjfrapples@yahoo.com>,
Katie <katielaurain@yahoo.com>,
Stefanie Zanke <szanke@umich.edu>,
Rahn Ledesma <rahn80@hotmail.com>,
jwaugman@gmail.com,
Angela Lee <sz_angelalee@hotmail.com>,
1
Michael Luciani <mluciani85@icloud.com>,
Mario Macari <Mmacari011@yahoo.com>,
Kimberly Maley <kimmmaley@gmail.com>,
Brent Massie <bmassie0824@gmail.com>,
mmcgee2009@yahoo.com,
Janet Thompson <janetlynn13@sbcglobal.net>,
refman23 <refman23@comcast.net>,
Colleen Southers <girlsma3@aol.com>,
Meghan Matheny <Mathenym2589@gmail.com>,
Brian Patrick <bpatrick122113@gmail.com>,
J P <pomp2299@gmail.com>,
jpopa09@gmail.com,
sharlon howard <showard714@gmail.com>,
Greg Redmon <cgred633@yahoo.com>,
tyreed923@me.com,
Charles Richison <chasr56@comcast.net>,
Jessica Romak <jessicaromak@gmail.com>,
lynettemarie715@yahoo.com,
Julie Ryan <julryan77@hotmail.com>,
Dave Sarns <dsarns@hotmail.com>,
ScottSchlenkert@quickenloans.com,
Schmidt1383@yahoo.com,
greg.shatley@dellalo.com,
kuzichs@dteenergy.com,
Tony Spitznagel <tonyspitz@yahoo.com>,
Dana Storey <danastorey8@yahoo.com>,
jstephens715@yahoo.com,
Brittany Taylor <btaylor@kelseylaw.com>,
Edward.tudryck@comcast.net,
Porsche Lynn <Tumpkins2018@yahoo.com>,
Robert Verhelle <rverhelle@hntb.com>,
joanne veselsky <jo_katie2@yahoo.com>,
Melissa Walter <mwalter615@yahoo.com>,
Lashawn Webb <lwebb0711@gmail.com>,
Chris Weiss <cmweiss@msn.com>,
twelch@k-and-s.com,
Justin Whetstone <ridejumpfly@yahoo.com>,
Alyse White <whitealyse@yahoo.com>,
"Williamson, Michelle" <michellehol@rad.hfh.edu>,
ijzama@yahoo.com,
zecirileo@gmail.com
2
EXHIBIT 8
From: Liz Thomas <lthomas@infinityhomescorp.com>
Date: Wed, Mar 31, 2021 at 2:27 PM
Subject: HWHOA 2nd Annual Meeting- Meeting Minutes
To:
Hello,
Please find attached the meeting minutes as well as the audio file from the meeting last week.
Regards,
audio_only.m4a
The link ed
image can not
be d isplay ed.
The file may
hav e been
mov ed,
ren amed, or
deleted.
Verify that
the link
points to the
correct file
and location.
5
EXHIBIT 9
__________________________________________________
ZN 30140 O
30140 ORCHARD
rchard L LAKE
ake RROAD
oad
MAGWV
MAKOWER || ABBATE
MAKOWER ABBATE || GUERRA
GUERRA || WEGNER
WEGNER || VOLLMER
VOLLMER
FARMINGTON
Farmington H
248 254
248 254 7600
ATTORNEY
A
7600 F
AND C
ttorney and
B
HILLS,
Fax:
BENJAMIN
MI 48334
ills, MI
248 671
ax: 248
enjamin J. H
COUNSELOR
ounselor at
48334
671 0100
MAGLAWPLLC.COM
MAGLAWPLLC.COM
0100
HENRY
enry
AT LLAW
aw
BHENRY@MAGLAWPLLC.COM
bhenry@maglawpllc.com
248 671
248 671 0137
0137
October 27,
October 27, 2022
2022
Via Fed
Via Fed Ex
Ex
Infinity-Hawthorne Woods,
Infinity-Hawthome Woods, LLC
LLC Charter Township
Charter Township ofof Huron
Huron
Rino J.
Rino J. Soave
Soave -- Resident
Resident Agent
Agent David A.
David A. Glaab
Glaab -— Township
Township Supervisor
Supervisor
42400 Grand
42400 Grand River
River Ave
Ave 22950 Huron
22950 Huron River
River Drive
Drive
Suite 112
Suite 112 New Boston,
New Boston, MIMI 48164-9791
48164-9791
Novi, MI
Novi, MI 48375
48375
Re:
Re: Unlawful Amendment
Unlawful Amendment of
of Estates
Estates at
at Hawthorne
Hawthorne Woods
Woods Master
Master Deed
Deed
Dear Sirs:
Dear Sirs:
Please be
Please be advised
advised that
that this
this firm
firm represents
represents thethe Estates
Estates atat Hawthorne
Hawthorne Woods Woods Condominium
Condominium
Association (“Association”).
Association (“Association”). The The Association
Association has has been
been made
made aware
aware ofof anan April
April 30,
30, 2019
2019 Consent
Consent
Judgment ((“Consent
Judgment Judgment”)”) entered
“Consent Judgment entered in in the
the case
case ofof Infinity
Infinity Hawthorne
Hawthorne Woods,Woods, LLCLLC v. v. Charter
Charter
Township of
Township of Huron, Wayne County
Huron, Wayne County Circuit
Circuit Court
Court Case No. 2018-000579-CZ. This Consent Judgment
Case No. 2018-000579-CZ. This Consent Judgment
appears to
appears to be an attempt
be an attempt toto skirt
skirt the
the legal
legal requirements
requirements for for expansion
expansion of of the
the Estates
Estates atat Hawthorn
Hawthorn
Woods Condominium
Woods Condominium ((“Condominium”)
“Condominium”) without without thethe express
express consent
consent of the Association or
of the Association or its co-
its co
owners. The
owners. The Association
Association hashas also
also noticed recent construction
noticed recent construction activities
activities that
that are likely being
are likely undertaken
being undertaken
pursuant
pursuant toto this
this Consent
Consent Judgment.
Judgment. This This letter
letter will
will address
address thethe legal
legal deficiencies
deficiencies of of the
the Consent
Consent
Judgment
Judgment as as aa means
means toto expand
expand the the Condominium.
Condominium. Any Any attempt
attempt toto further
further develop
develop the
the Condominium
Condominium
pursuant
pursuant to
to the
the Consent
Consent Judgment
Judgment will will be
be met
met with
with litigation
litigation unless
unless anan agreement
agreement isis first
first reached
reached withwith
the
the Association.
Association.
The
The Consent
Consent Judgment
Judgment purports
purports toto add
add 42
42 units
units to
to the
the Condominium
Condominium (“Estates
(“Estates Expansion”).
Expansion”).
Some
Some of of these
these Units
Units are
are located
located on
on existing
existing common
common elements
elements ofof the
the Condominium
Condominium while
while the
the rest
rest are
are
located
located onon aa parcel
parcel to
to the
the south
south of
of the
the Condominium
Condominium (“Parcel”).
(“Parcel”). The
The Parcel
Parcel consists
consists of
of 44 separate
separate
parcels
parcels identified
identified on
on Exhibit
Exhibit AA of
of the
the Consent
Consent Judgment.
Judgment. TheThe Consent
Consent Judgment
Judgment attempts
attempts to
to add
add the
the
Parcel
Parcel to
to the
the Condominium.
Condominium.
Paragraph
Paragraph 12 12 of
of the
the Consent
Consent Judgment
Judgment provides
provides thatthat Infinity-Hawthorne
Infinity-Hawthome Woods,Woods, LLC LLC
(“Infinity”),
(“Infinity”), “may
“may develop
develop thethe Estates
Estates as
as anan amendment
amendment to to the
the Estates
Estates condominium.”
condominium.” However,
However,
paragraph
paragraph 12, 12, and
and the
the rest
rest of
of the
the Consent
Consent Judgment,
Judgment, fails
fails to
to identify
identify what
what sections
sections of
of the
the Master
Master Deed
Deed
will
will be
be amended
amended to to achieve
achieve expansion
expansion ofof the
the Condominium
Condominium as as Infinity
Infinity and
and the
the Township
Township have
have agreed
agreed
without
without consent
consent fromfrom thethe Association
Association or or its
its co-owners.
co-owners. AA review
review of of the
the Master
Master Deed
Deed andand
Condominium
Condominium Act Act sections
sections applicable
applicable toto expansion
expansion andand amendments
amendments reveals
reveals that
that Infinity,
Infinity, the
the
12414-101
12414-101
MAKOWER
Makower ABBATE
Abbate GUERRA
Guerra
WEGNER
Wegner VOLLMER
Vollmer PLLC
PLLC
FARMINGTON
Farmington HILLS,
Hills, MI
MI ST.
St. CLAIR
Clair SHORES,
Shores, MI
mi ANN
Ann ARBOR,
Arbor, MI
mi
Page 22
Page
October 27,
October 27, 2022
2022
LLC
Township, and
Township, and the
the Wayne
Wayne County
County Circuit
Circuit Court
Court lack
lack the
the authority
authority to
to simple
simple agree
agree to
to an
an expansion
expansion of
of
the Condominium
the Condominium andand taking
taking of
of Association
Association property.
property.
Section 32
Section 32 ofof the
the Condominium
Condominium Act Act (MCL
(MCL 559.132)
559.132) governs
governs the
the requirements
requirements forfor an
an
expandable condominium project.
expandable condominium project. In
In order
order for
for aa condominium
condominium to to be
be expanded,
expanded, Section
Section 32
32 provides,
provides, in
in
relevant part,
relevant part, that
that the
the Master
Master Deed
Deed shall
shall contain
contain the
the following:
following:
(a) The
(a) The explicit
explicit reservation
reservation of
of an
an election
election on
on the
the part
part of
of the
the developer
developer or
or
its successors
its successors toto expand
expand the
the condominium
condominium project.
project.
MCL 559.132(a)
MCL 559.132(a)
Section 66 of
Section of the
the Condominium
Condominium’s’s Master
Master Deed,
Deed, drafted
drafted and
and recorded
recorded by
by Infinity,
Infinity, is
is titled
titled
““Nonexpandability of the
Nonexpandability of Condominium” ” and
the Condominium provides:
and provides:
The Project
The Project is
is not
not an
an expandable
expandable project
project under
under the
the Michigan
Michigan
Condominium Act.
Condominium Act.
Thus,
Thus, the
the Condominium cannot be
Condominium cannot be expanded
expanded without
without amending Section 66 of
amending Section of the
the Master Deed. The
Master Deed. The
Consent Judgment makes
Consent Judgment makes nono reference to Section
reference to Section 66 of the Master
of the Deed. Furthermore, Section 32 of
Master Deed. Furthermore, Section 32 of
the Condominium
the Condominium ActAct contains
contains 13 requirements for
13 requirements for disclosure that must
disclosure that must be contained within
be contained within aa Master
Master
Deed, none of
Deed, none of which
which are
are contained
contained within
within the
the Master
Master Deed
Deed ofof Estates
Estates at
at Hawthorne
Hawthorne Woods
Woods
Condominium
Condominium and only some
and only some of
of which
which are tangentially addressed
are tangentially addressed by the Consent
by the Consent Judgment.
Judgment.
The Consent Judgment

The Consent Judgment cannot
cannot act as an
act as an Amendment
Amendment to to the
the Master
Master Deed
Deed because it does
because it does not
not
comply
comply with the requirements
with the requirements ofof the
the Condominium
Condominium Act or Master
Act or Master Deed.
Deed. Section
Section 90
90 of
of the
the
Condominium Act (MCL 559.190) provides,
Condominium Act (MCL 559.190) provides, in in relevant
relevant part:
part:
Except
Except asas provided
provided in in this
this section,
section, the
the master
master deed,
deed, bylaws,
bylaws, and
and
condominium
condominium subdivision
subdivision plan
plan may
may bebe amended,
amended, even
even if
if the
the amendment
amendment
will
will materially
materially alter
alter or
or change
change the
the rights
rights ofof the
the co-owners
co-owners or or mortgagees,
mortgagees,
with
with the
the consent
consent ofof not
not less
less than
than 2/3
2/3 of
of the
the votes
votes of
of the
the co-owners
co-owners and
and
mortgagees.
mortgagees.
MCL
MCL 559.190(2)
559.190(2)
Section
Section 10.2(b)
10.2(b) of
of the
the Master
Master Deed
Deed contains
contains aa similar
similar requirement.
requirement. Section
Section 10.2
10.2 also
also makes
makes itit clear
clear
that Infinity
that Infinity surrendered
surrendered its
its right
right to
to unilaterally
unilaterally amend
amend thethe Master
Master Deed
Deed when
when itit sold
sold its
its first
first Unit:
Unit:
IfIf there
there isis an
an Owner
Owner other
other than
than Developer,
Developer, the
the recordable
recordable or
or recordd
recordd (sic)
(sic)
Condominium
Condominium DocumentsDocuments may
may be
be amended
amended for
for aa proper
proper purpose
purpose as
as
follows:
follows:
Expanding
Expanding the
the Condominium
Condominium toto include
include additional
additional land
land and
and units
units materially
materially changes
changes the
the rights
rights
of
of co-owners.
co-owners. All
All co-owners
co-owners have
have an
an undivided
undivided ownership
ownership interest
interest in
in the
the general
general common
common elements
elements ofof
MAKOWER
Makower ABBATE
Abbate GUERRA
Guerra
WEGNER
Wegner VOLLMER
Vollmer PLLC
PLLC
FARMINGTON
Farmington HILLS,
Hills, MI
MI ST.
St. CLAIR
Clair SHORES,
Shores, MI
MI ANN
Ann ARBOR,
Arbor, MI
MI
Page
Page 33
October 27, 2022
October 27, 2022
Infinity-Hawthorne Woods, LLC
the Condominium. See

the Condominium. See MCL
MCL 559.137.
559.137. Converting general common
Converting general elements into
common elements units is
into units is aa material
material
alteration of the
alteration of the rights of all
rights of all existing co-owners as it is a transfer of ownership. Adding land to
existing co-owners as it is a transfer of ownership. Adding land to the
the
Condominium
Condominium increases
increases the
the maintenance
maintenance responsibilities
responsibilities ofof the Association.
the Association. Infinity
Infinity andand the
the
Township
Township cannot
cannot simple
simple stipulate to amend
stipulate to amend the
the Master Deed to
Master Deed to deprive
deprive the co-owners of
the co-owners of property
property and and
impose additional responsibilities
impose additional on the
responsibilities on the Association.
Association.
Infinity
Infinity may
may bebe tempted to reply
tempted to reply upon
upon other sections of
other sections of the
the Master
Master Deed to argue
Deed to argue that
that itit isis still
still
entitled
entitled toto unilaterally amend the
unilaterally amend Master Deed
the Master Deed without
without co-owner
co-owner consent.
consent. But
But review
review ofof thesethese
sections
sections reveals
reveals that
that they
they are
are inapplicable
inapplicable to
to the
the Consent
Consent Judgment.
Judgment.
Section 10.2(c)
Section 10.2(c) of
of the
the Master Deed provides:
Master Deed provides:
Amendments
Amendments may be made
may be made byby Developer
Developer without
without the
the consent
consent ofof Owners
Owners
and mortgagees,
and mortgagees, even if the
even if the amendment will materially
amendment will materially alter or change
alter or the
change the
rights of Owners
rights of and mortgagees,
Owners and to achieve
mortgagees, to compliance with
achieve compliance with the Act,
the Act,
administrative rules,
administrative rules, or adopted by
orders adopted
or orders by the pursuant to
courts pursuant
the courts the
to the
Act or
Act or with
with other federal, state,
other federal, state, or
or local
local laws,
laws, ordinances,
ordinances, or
or regulations
regulations
affecting the
affecting Project.
the Project.
For the reasons

For the stated above,
reasons stated above, the Consent Judgment
the Consent Judgment isis not
not an order adopted
an order by the
adopted by the court
court “pursuant
“pursuant toto
the Act.
the Act.”” The Consent Judgment
The Consent Judgment is
is an
an attempt
attempt to
to amend
amend thethe Master Deed in
Master Deed in direct
direct violation of the
violation of the
requirements of
requirements Condominium Act.
the Condominium
of the Act.
Section 10.2(d) of
Section 10.2(d) of the
the Master Deed provides,
Master Deed provides, in relevant part:
in relevant part:
Developer
Developer may
may also unilaterally make
also unilaterally make aa material
material amendment
amendment without
without the
the
consent of any
consent of any Owner
Owner oror mortgagee
mortgagee for
for the specific purposes
the specific purposes reserved by
reserved by
Developer in
Developer in this Master Deed.
this Master Deed.
Infinity did
Infinity not reserve
did not reserve itself
itself the
the ability
ability toto amend
amend thethe Master Deed to
Master Deed to include expansion rights
include expansion rights
pursuant to
pursuant to MCL
MCL 559.132.
559.132. Instead, Infinity specified
Instead, Infinity specified that the Condominium
that the Condominium is is not expandable.
not expandable.
Neither Section 10.2(c)
Neither Section nor Section
10.2(c) nor 10.2(d) provide
Section 10.2(d) provide Infinity
Infinity the
the right to use
right to the Consent
use the Consent Judgment
Judgment as
as aa
unilateral Amendment of
unilateral Amendment the Master
of the Deed.
Master Deed.
The simple
The fact of
simple fact the matter
of the matter isis that
that Infinity
Infinity and
and the
the Township
Township failed
failed toto include
include aa material
material party
party
in their
in their machinations
machinations to to expand
expand the development of
the development of the
the Condominium:
Condominium: the the Association.
Association. The The Consent
Consent
Judgment represents
Judgment breach of
represents breach of contract and breach
contract and breach ofof the
the Condominium
Condominium Act Act on on the
the part
part of
of Infinity
Infinity and
and
an
an unlawful
unlawful taking
taking on on the
the part
part ofof the
the Township.
Township. Any Any attempt
attempt toto expand
expand development
development of of the
the
Condominium
Condominium pursuant
pursuant the the Consent
Consent Judgment
Judgment will will be
be met
met with
with litigation
litigation unless
unless anan agreement
agreement isis first
first
made
made withwith the
the Association.
Association. The The Association
Association may may be be willing
willing to
to reach
reach an an agreement
agreement thatthat allows
allows
additional
additional development
development as as contemplated
contemplated by by the
the Consent
Consent Judgment,
Judgment, but
but not
not without
without concession
concession from
from
Infinity
Infinity regarding
regarding completion
completion of of the
the existing
existing roads,
roads, storm
storm sewer
sewer maintenance,
maintenance, and and other
other construction
construction
related
related issues.
issues. Please
Please contact
contact the
the undersigned
undersigned within
within 7-days
7-days of
of the
the date
date of of this
this letter
letter if
if you
you would
would
like
like to
to negotiate
negotiate an an agreement
agreement for for aa legally
legally enforceable
enforceable Amendment
Amendment that that allows
allows for
for additional
additional
development
development of of the
the Condominium.
Condominium. Should Should no no attempt
attempt be be made
made toto seek
seek the
the Association’s
Association’s agreement,
agreement,
MAKOWER
M akower ABBATE GUERRA
Abbate G uerra
WEGNER VOLLMER
Wegner V ollmer PLLC
PLLC
FARMINGTON HILLS,
Farmington H MI
ills, MI ST.t. C
S CLAIR SHORES,
lair Shores, MI
MI ANN
Ann ARBOR,
Arbor, MI
MI
Page 4
Page 4
October 27,
October 27, 2022
2022
LLC
we will
we will advise
advise our client to
our client to file
file suit
suit to
to not only have
not only have the
the Consent
Consent Judgment
Judgment deemed
deemed unenforceable
unenforceable to
to
stop
stop any
any current
current constructions activities.
constructions activities.
The Association
The Association looks forward to
looks forward to your
your prompt
prompt response
response in this matter.
in this matter.
Very truly
Very truly yours,
yours,
MAKOWER
Makower A ABBATE
bbate GUERRA
Guerra
WEGNER
W egner VOLLMER
Vollmer PLLC
PLLC
FrZa—
Benjamin J. Henry
Benjamin J. Henry
Cc: Estates
Cc: Estates at Hawthorne Woods
at Hawthorne Woods Condominium Association Board
Condominium Association Board of Directors
of Directors
MAKOWER
M akower ABBATE
Abbate GUERRA
Guerra
WEGNER
Wegner VOLLMER PLLC
Vollmer PLLC
FARMINGTON
Farmington HILLS,
Hills, MI
MI ST.
St. CLAIR SHORES,
Clair S MI
hores, MI ANN
Ann ARBOR,
Arbor, MI
MI
EXHIBIT 10

Estates at Hawthorne Woods V Infinity

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Estates at Hawthorne Woods V Infinity

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

ESTATES AT HAWTHORNE WOODS

Plaintiff, Case No. 23-005877-CH

INFINITY-HAWTHORNE WOODS, LLC,

MAKOWER ABBATE GUERRA HOWARD & HOWARD ATTORNEYS PLLC

WEGNER VOLLMER PLLC By: Michael F. Wais (P45482)

DEFENDANT’S EMERGENCY MOTION TO DISSOLVE TRO AND FOR

2. Defendant Infinity-Hawthorne Woods, LLC (“Infinity”) is entitled to an immediate

court may order the motion heard on shorter notice.”

competent evidence when deciding to grant injunctive relief on an ex parte basis.

of example, Plaintiff failed to advise the Court of all the following:

Judgment, Infinity Hawthorne Woods, LLC v. Charter Township of Huron,

Case No. 2018-000579-CZ (Ex. 1, at ¶ 12). Plaintiff concedes in its Verified

in more detail in the supporting brief, cannot be attacked collaterally

through this lawsuit under binding Michigan law.

c. The amended deed challenged in Plaintiff’s lawsuit is in conformance with

this Court’s 2019 Consent Judgment.

the development since March of 2020. As such, there was no “emergency”

an ex parte TRO motion.

e. The property at issue being developed by Infinity (identified in the TRO as

the “Area of Future Development”) belongs to and is owned by Infinity.

precluding Infinity from developing its own property.

being developed belongs to Plaintiff when that is absolutely false.

immediately dissolve the TRO.

improperly entering a TRO.

based on material omissions and misrepresentations. This conduct must be sanctioned.

HOWARD & HOWARD ATTORNEYS PLLC

Dated: May 17, 2023 By: /s/ Michael F. Wais

I. INTRODUCTION AND BACKGROUND

sanctioned for their conduct.

by the 2019 Consent Judgment.

Despite claiming an “emergency” resulting from Infinity pursuing Phase II development

homeowners in the condominium project. (Ex. 3, 3/11/2020 Meeting Minutes). As

Development is estimated to commence sometime in 2021.” (Id. at p. 3). The meeting

Soave, at ¶ 6; Ex. 4, Distribution List; Ex. 5, Infinity Email to Co-Owners).

homeowners in the condominium project. (Ex. 6, 3/23/21 Meeting Minutes). Infinity

7, Distribution List; Ex. 8, Infinity Email to Co-Owners following meeting).

office the following sign that detailed the Phase II development:

Second, Plaintiff cannot establish immediate, irreparable harm. Any purported

the Consent Judgment was entered.

$1,000,000 to protect Infinity from the harm resulting from an injunction.3

May 16, 2023 ex parte TRO. MCR 3.310(B)(5).

A TRO and preliminary injunction is an extraordinary remedy that should be granted

particular case by argument, brief, affidavits, or other forms of non-testamentary evidence[.]”

.” See MCR 3.310(A)(4).

injunction is not issued;

4) The harm to the public interest if the injunction is issued.

185 Mich App 728–29.

dangerous in a doubtful case, than the issuing of an injunction.”).

this lawsuit under Infinity’s forthcoming motion for summary disposition.

A. Plaintiff Has Not, And Cannot, Establish a Substantial Likelihood of

1. Infinity’s development of Phase II is authorized by this Court’s 2019

Expansion as an amendment to the Estates condominium. . . The Expansion may, in Plaintiff’s

precludes the relief Plaintiff requests in this lawsuit.

obligations on the parties without their agreement.”).

2. Plaintiff has no legal property right to dictate what Infinity can do on

Indeed, despite Plaintiff having the burden of establishing a substantial likelihood of

Judgment, Plaintiff cannot prevail on any of its claims.

Act) is flat out wrong.

likelihood of prevailing on the merits of any of its claims.

B. Plaintiff Cannot Establish Immediate, Irreparable Harm and There Is No

Plaintiff bears the burden of demonstrating “a particularized showing of irreparable harm.”