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BURGESS v. HOWE

No. 244-75.

359 A.2d 652 (1976)

Howard J. and Nancy H. BURGESS v. Anne E. HOWE et al.

Supreme Court of Vermont.

June 1, 1976.

Attorney(s) appearing for the Case

Allan R. Keyes and John J. Zawistoski of Ryan, Smith & Carbine, Ltd., Rutland, for plaintiffs.

Bloomer & Bloomer, Rutland, for defendants Orzel.

Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.

BARNEY, Chief Justice.

This lawsuit involves the validity of certain restrictive covenants. The lower court voided a conveyance that involved a sale of real estate on terms found to violate the covenant. The defendants in this case are the grantor and grantees under that conveyance, and they have appealed. The plaintiffs, as adjoining property owners, had a right of first refusal under the terms of the covenant. The failure to honor this right generated the lower...

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