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ALPENWALD IMPROVEMENT CORP. v. KELLY

No. 88-459.

571 A.2d 624 (1989)

ALPENWALD IMPROVEMENT CORPORATION v. Terrance E. KELLY and Tina M. Kelly.

Supreme Court of Vermont.

Motion for Reargument Granted January 2, 1990.

Attorney(s) appearing for the Case

Bradley D. Myerson, Manchester Center, for plaintiff-appellant.

Witten, Saltonstall & Woolmington, P.C., Bennington, for defendants-appellees.

Before ALLEN, C.J., and GIBSON, DOOLEY and MORSE, JJ.

MORSE, Justice.

Alpenwald Improvement Corporation appeals from dismissal of its complaint seeking removal of defendants' garage and shed claimed to have been erected at an unapproved location (within fifty feet of the road) in violation of certain restrictive covenants. The sole issue is the validity of a setback requirement imposed on home-owners under a protective covenant which requires approval of the proposed location of any building to be erected. We hold that...

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