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HEATHERGREEN COMMONS CONDO. ASS'N v. PAUL

503 A.2d 636 (1985)

HEATHERGREEN COMMONS CONDOMINIUM ASSOCIATION, Jonathan Church, Frank T. & Catherine Wharton and L & N Consultants, Inc., Plaintiffs, v. Ralph PAUL, Rosalind Paul, Robert Smagala and Rosalind Investments, L.P., Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: December 4, 1985.

Attorney(s) appearing for the Case

Rodman Ward, Jr., and David J. Margules of Skadden, Arps, Slate, Meagher & Flom, Wilmington, and Howard A. Handelman and Peter J. Walsh, of Bayard, Handelman & Murdoch, P.A., Wilmington, for plaintiffs.

Paul P. Welsh of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants.

OPINION

JACOBS, Vice-Chancellor.

This action for injunctive relief grows out of a dispute over whether a certain tract of land, owned by the defendants1 (Parcel A) is burdened by certain deed restrictions and negative easements running in favor of the plaintiffs, who are owners of condominium units located on the adjoining tract ("Parcel B").2 Such restrictions...

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