WELL-BUILT HOMES, INC. v. SHUSTER

No. 04-P-639.

64 Mass. App. Ct. 619 (2005)

WELL-BUILT HOMES, INC. v. RICHARD SHUSTER.

Appeals Court of Massachusetts, Suffolk.

September 29, 2005.


Attorney(s) appearing for the Case

Eric Wodlinger for the plaintiff.

Diane C. Tillotson for the defendant.

Present: Duffly, Kaplan, & Dreben, JJ.


DUFFLY, J.

By a partial summary judgment of the Land Court, various aesthetic and architectural restrictions and a prohibition against further subdivision of lots in a residential development were held not to apply to two lots owned by the defendant Richard Shuster.1 We reverse the portion of the judgment that declared that a covenant to permit the imposition of future restrictions does not run with the land. As to the declaration that...

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