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SEABREAK HOMEOWNERS ASS'N, INC. v. GRESSER

Civ. A. No. 1204.

517 A.2d 263 (1986)

SEABREAK HOMEOWNERS ASSOCIATION, INC., a Delaware corporation, Plaintiff, v. Zelic A. GRESSER and Anne G. Gresser, Defendants.

Court of Chancery of Delaware, Sussex County.

Decided: August 22, 1986.

Attorney(s) appearing for the Case

John A. Sergovic, Jr., of Tunnell & Raysor, Georgetown, for plaintiff.

F. Michael Parkowski and I. Barry Guerke, of Parkowski, Noble & Guerke, P.A., Dover, for defendants.

OPINION

JACOBS, Vice Chancellor.

The plaintiff, Seabreak Homeowners Association, Inc. ("the Association") is a Delaware corporation whose members are owners of lots in Seabreak Division, a beachfront development located in Bethany Beach, Delaware ("Seabreak"). Under Article VI, Section 6 of the Declaration of Restrictions that bind the lots in Seabreak, no building can be constructed on a lot without the prior written approval of the Association through...

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