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MIDCOAST, LLC v. RIVERHOUSE TRUST

Docket: Lin-07-167.

946 A.2d 421 (2008)

2008 ME 70

MIDCOAST COHOUSING LAND ACQUISITION, LLC v. The RIVERHOUSE TRUST.

Supreme Judicial Court of Maine.

Decided: April 29, 2008.

Attorney(s) appearing for the Case

Andrew W. Sparks, Esq. (orally), Benjamin P. Camp, Esq., Drummond & Drummond, LLP, Portland, ME, for Midcoast Cohousing Land Acquisition, LLC.

William L. Plouffe, Esq. (orally), Drummond Woodsum & MacMahon, Portland, ME, for Helen Warren Weld and Robert K. Strachan, Trustees of the Riverhouse Trust.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.

CLIFFORD, J.

[¶ 1] Midcoast Cohousing Land Acquisition, LLC (Midcoast) appeals a summary judgment entered in the District Court (Wiscasset, Westcott, A.R.J.) in favor of Helen Warren Weld and Robert K. Strachan as trustees of the Riverhouse Trust. Midcoast argues that the court erred in concluding that: (1) the doctrine of stranger to the deed does not apply to make unenforceable the restrictive covenant to which Midcoast's property is subject; and (2...

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