GARLAND v. ROSENSHEIN


420 Mass. 319 (1995)

WILLIAM F. GARLAND & others vs. BERNARD J. ROSENSHEIN.

Supreme Judicial Court of Massachusetts, Suffolk.

May 9, 1995.


Attorney(s) appearing for the Case

Anthony M. Feeherry for the defendant.

Nicholas J. Decoulos for the plaintiffs.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.


NOLAN, J.

The plaintiffs brought this action pursuant to G.L.c. 240, § 10A (1992 ed.), seeking to invalidate a deed restriction which purports to prohibit the development of a parcel of land located at 260 Andover Street in Peabody (property), in conjunction with a parcel of land which is owned by Willowdale Realty Trust (adjoining land). The parties tried the case on the basis of stipulated facts. A judge in the Land Court declared the restriction invalid because...

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