GOLDBERG v. AL TINSON, INC.

No. 7031.

115 N.H. 271 (1975)

ROBERT A. GOLDBERG DOROTHY H. GOLDBERG v. AL TINSON, INC. HOWARD D. JOHNSON CO., a.k.a. HOWARD D. JOHNSON COMPANY

Supreme Court of New Hampshire.

May 30, 1975.


Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch (Mr. Shane Devine orally) for the plaintiffs.

Hastings & Son, of Maine (Mr. Peter G. Hastings orally), for the defendants.


GRIMES, J.

The question presented is whether the superior court properly quieted title to two parcels of property, which had express land use restrictions in their deeds, because of significant changes within the surrounding neighborhood. We hold that it did.

After finding that the surroundings had significantly altered so "as to defeat the purposes of any claimed restrictions", the trial court ruled that the restrictions...

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