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CARROLL v. SCHECHTER

No. 6100.

112 N.H. 216 (1972)

THOMAS F. CARROLL & a. v. GERALD J. SCHECHTER & a.

Supreme Court of New Hampshire.

June 30, 1972.

Attorney(s) appearing for the Case

Boynton, Waldron & Dill and Nicholas R. Aeschliman (Mr. Aeschliman orally) for the plaintiffs.

Shaw & Eldredge (Mr. Carleton Eldredge orally) for defendants Gerald J. Schechter and Joel R. Schechter.

Perkins, Holland, Donovan & Beckett (Mr. William H. M. Beckett orally) for defendant Newburyport Five Cents Savings Bank.

John C. Driscoll, for defendant Robert W. Pirtle, filed no brief.

LAMPRON, J.

The issues presented on this appeal are (1) whether "protective covenants" appearing on a recorded plan of numbered lots apply to a large unnumbered parcel of land shown thereon retained by the grantor-developer and subsequently acquired by the defendants Schechters; (2) whether they prevent the use of the retained land for the parking of cars; (3) whether the trial court properly refused to order the removal...

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