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YENTILE v. HOWLAND

No. 87-660.

26 Mass. App. Ct. 214 (1988)

525 N.E.2d 689

ROSE M. YENTILE & another vs. MICHAEL HOWLAND.

Appeals Court of Massachusetts, Middlesex.

July 15, 1988.

Attorney(s) appearing for the Case

Stephen J. Kuzma for the plaintiffs.

Francis K. Toto for the defendant.

Present: GRANT, PERRETTA, & DREBEN, JJ.

DREBEN, J.

Claiming that an option given to the defendant Howland in an agreement dated August 20, 1984, violates the rule against perpetuities, the Yentiles, the optionors, sought declaratory relief. In addition, they argued that Howland was in breach of the agreement because he had made no effort to effect a zoning change. A judge of the Superior Court dismissed the action because the plaintiffs had not raised...

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