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HARROD v. RIGELHAUPT

1 Mass. App. Ct. 376 (1973)

298 N.E.2d 872

STUART L. HARROD & another vs. ELMER RIGELHAUPT & another.

Appeals Court of Massachusetts, Barnstable.

May 18, 1973.

June 29, 1973.

Attorney(s) appearing for the Case

Bertram H. Loewenberg & William T. Loomis (Robert F. White with them) for the defendants.

Francis E. Jenney for the plaintiffs.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.

GRANT, J.

This is a bill in equity brought in the Land Court for declaratory and injunctive relief with respect to a restriction on the height of buildings in an alleged scheme of common development of land in Wellfleet.3 The case was originally submitted on a statement of agreed facts which the parties said included all the facts and documents (including photographs) material to the case and necessary for the court's determination. The...

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