In Midtown Properties LLC v. Kline, 34 HCR 380(A)(nor) the landlord brought a holdover alleging that the tenants kept pigeons in their apartment and that this constituted a breach of their lease and a nuisance. Landlord had known for years that the tenants had the pigeons, but alleged that they had not waived the right to proceed because the pigeons were prohibited by MDL 12 and waiver therefore did not apply. The tenants moved for summary judgment, in part, based on the affidavit of an expert who asserted that there is no biological difference between Antwerp pigeons and other breeds. Based on said uncontested assertion, the court found that Petitioner had waived their right to proceed on the breach of lease claim, thereby implicitly rejecting the applicability of MDL 12, and the court further held that "the mere harboring of pigeons is not sufficient to set forth a claim of nuisance"