That's according to a ruling from 13th Circuit Court Judge Thomas Power, who Friday ruled on a legal challenge brought by The Moorings of Leelanau County, Mich., against real estate project partner Mark Johnson and his company, 447 Munson TC LLC. Project partners Bob Brick and Ted Lockwood sought a temporary restraining order to keep Johnson from going forward with a nonjudicial foreclosure sale, originally scheduled for the same day as the ruling. The three men are partners on the real estate project, which legal briefings describe as a 44-acre, 154-unit residential development under construction in Traverse City and Elmwood Township.

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