EXIT 1 PROPERTIES LIMITED PARTNERSHIP v. MOBIL OIL CORPORATION

No. 96-P-1137.

44 Mass. App. Ct. 571 (1998)

EXIT 1 PROPERTIES LIMITED PARTNERSHIP v. MOBIL OIL CORPORATION.

Court of Appeals of Massachusetts, Worcester.

April 9, 1998.


Attorney(s) appearing for the Case

Kurt L. Binder for the defendant.

Robert E. George for the plaintiff.

Present: KASS, SMITH, & FLANNERY, JJ.


KASS, J.

What Atlantic Richfield Oil Company and Howard Johnson Company had in mind in 1971, when Atlantic Richfield imposed a use restriction on its land along State Route 15, was simple enough. Atlantic Richfield would sell gas and Howard Johnson would sell food. We conclude, as did the Superior Court judge, that the land restriction continues to be of substantial benefit, within the meaning of G. L. c. 184, § 30, to the occupant of the Howard Johnson parcel...

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