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CREED v. CLOGSTON

No. 02-426.

852 A.2d 577 (2004)

2004 VT 34

James and Judith CREED, et al. v. Francis and Debra CLOGSTON.

Supreme Court of Vermont.

April 16, 2004.

Attorney(s) appearing for the Case

Allan R. Keyes of Ryan Smith & Carbine, Ltd., Rutland, for Plaintiffs-Appellees.

Alison J. Bell of Langrock Sperry & Wool, LLP, Burlington, and Timothy L. Taylor of Meub Associates, Inc., Rutland, for Defendants-Appellants.

Andrew W. MacLean, Christopher K. Rice, and Philip H. White of Wilson & White, P.C., Montpelier, for Amici Curiae Vermont Bankers Association and Vermont Mortgage Bankers Association.

Present: AMESTOY, C.J., JOHNSON and SKOGLUND, JJ., and CRAWFORD, Supr. J. and GIBSON, J. (Ret.), Specially Assigned.

AMESTOY, C.J.

¶ 1. In this appeal, we consider whether a restrictive covenant prohibiting the installation of "mobile homes, campers or trailers" for residential purposes prevents defendants Francis and Debra Clogston from placing a "manufactured home" on their lot. The trial court found that the mobile home covenant in defendants' deed reflected an intent to exclude all non-site-built homes from defendants' neighborhood. The court explained that, regardless...

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