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COGLIANO v. LYMAN

370 Mass. 508 (1976)

348 N.E.2d 765

JOSEPH D. COGLIANO & others vs. ELIZABETH C. LYMAN & others.

Supreme Judicial Court of Massachusetts, Norfolk.

June 15, 1976.

Attorney(s) appearing for the Case

Leslie H. Rudnick for Joseph D. Cogliano & others.

William Shields, III, for Elizabeth C. Lyman.

Margaret Wittenborg for Paul F. Nocka & another.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

This was a suit in the Land Court commenced pursuant to G.L.c. 240, §§ 10A-10C, by the petitioners, owners of land burdened by a restrictive covenant, to be relieved of the restriction in accordance with the provisions of G.L.c. 184, § 30. Named as respondents were the owners of certain abutting land, one of whom was the grantor who imposed the restriction and from whom the petitioners derive their...

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