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CONOVER v. PACKANACK LAKE COUNTRY CLUB

94 N.J. Super. 275 (1967)

228 A.2d 78

CHARLES I. CONOVER, BROOKS L. CONOVER, ET AL., PLAINTIFFS-RESPONDENTS, JOHN E. ERTEL (AND SEVEN OTHERS), PLAINTIFFS-INTERVENORS-RESPONDENTS, v. PACKANACK LAKE COUNTRY CLUB AND COMMUNITY ASSOCIATION, ETC., DEFENDANT, AND HAROLD DAVIDSON (AND SIXTEEN OTHERS), INDIVIDUALLY AND AS CLASS REPRESENTATIVES OF ALL HOLDERS OF ANY INTEREST IN LANDS ORIGINALLY HELD BY PACKANACK LAKE, INC., AND PACKANACK HOMES, INC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1967.

Attorney(s) appearing for the Case

Mr. Charles W. Hutchinson argued the cause for appellants (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Mr. Burrell Ives Humphreys argued the cause for respondents (Messrs. Hoffmann, Humphreys & Lafer, attorneys).

Before Judges CONFORD, FOLEY and LEONARD.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This is an appeal by 17 defendants-class representatives, appointed as such by the Chancery Division for some 1,000 lot owners who are members of defendant Packanack Lake Country Club and Community Association (Association), in plaintiffs' action to secure an adjudication of the invalidity of a covenant, apparently common to their deeds and those of all the other lot owners, prohibiting alienation except...

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