DEFAULT JUDGEMENT – MARY LOUISE CHAMBERLAIN WARREN

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF BERRIEN
Case No. 23-0228-CH-S
Hon. Sterling R. Schrock
RIVER VALLEY SCHOOL DISTRICT, a Michigan general powers school district,
Plaintiff,
v.
MARY LOUISE CHAMBERLAIN WARREN, or her unknown heirs, assignees, and devisees;
WILLIAM H. WARREN; JAMES H. WARREN; KETTRIA W. HUGGARD; BARBARA G. PARRISH; CHARLES E. WHALEN III; MARYANN CAMPION; DIANA LUNT; HELEN WARREN; ROXANNE CARGILL; JOHN GRAHAM;
ELIZABETH B. BROWN; ERIC A. BROWN; THEEDWARDK. WARREN FOUNDATION, or its unknown heirs and assignees; MARY L. PICKETT; BRUCE N. BASTIAN, JR.; and JANET HEAGY,
Defendants.
Gordon W. VanWieren, Jr. (P35829)
Piotr M. Matusiak (P81229)
THRUN LAW FIRM, P.C.
Attorneys for Plaintiff
2900 West Road, Suite 400
East Lansing, MI 48826-2575
Telephone: (517) 484-8000
ENTRY OF
DEFAULT JUDGMENT ORDER
For the reasons set forth in Plaintiffs Motion for Entry of Default Judgment and Plaintiffs accompanying brief, filed with this Court, this Court enters a default judgment against the following defendants pursuant to MCR 2.603(B)(3): (1) Bruce N. Bastian, Jr., (2) Mary L. Pickett, (3) Janet Heagy, (4) Elizabeth B. Brown, (5) Eric A. Brown, (6) Diana Lunt, (7) Mary Louise Chamberlain Warren (“Mary Warren”), (8) Mary Warren’s unknown heirs, assignees, and devisees, (9) The Edward K. Warren Foundation (“Foundation”), and (10) the Foundation’s unknown heirs and assignees (each defendant listed in this paragraph, a “Defaulted Defendant”). Each defendant in this case (1) has consented to the relief sought in Plaintiff’s First Amended Complaint, as reflected in a Stipulation and Order of Consent Judgment filed and entered with this Court, or (2) is a Defaulted Defendant. Accordingly, as requested in the First Amended Complaint, this Court hereby adjudges:
1. The following in the July 14, 1919 deed attached to this Order as unenforceable: “This deed is given upon the express condition that the said land shall be used for Public School or Park purposes, or shall be devoted to some other public use, and shall not be sold or converted to any private use; otherwise to revert to the grantor, her heirs and assigns.”
2. The following in the December 28, 1927 deed attached to this Order as unenforceable: “This Deed is made upon the expressed condition that the said premises be used for public school and educational purposes and shall not be sold or converted to any private use exclusively; otherwise to revert to the grantor, its heirs and assigns.”
3. The Plaintiff to be the owner in fee simple of the Property, free and clear of the above quoted Property limitations.
A copy of this Order shall be recorded with the Berrien County Register of Deeds.
This order resolves the last pending claim in this case and closes this case,
Dated: April 22, 2024
Signed:
Honorable Sterling R. Schrock
(04-25)