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ASHLEY v. KEHEW

No. 2008-264-Appeal.

992 A.2d 983 (2010)

John E. ASHLEY et al. v. Kenneth A. KEHEW et al.

Supreme Court of Rhode Island.

April 28, 2010.

Attorney(s) appearing for the Case

Quentin G. Anthony, Esq., for Plaintiff.

Kenneth R. Tremblay, Esq., (Kenneth & Mary Ellen Kehew), Kevin P. Gavin, Esq., Portsmouth, (Town of Portsmouth), for Defendant.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, and ROBINSON, JJ.

OPINION

Justice FLAHERTY, for the Court.

The central issue before the Court in this appeal is whether restrictive covenants, which are set forth in instruments of conveyance, and which prohibit a further subdivision of two lots in the Town of Portsmouth, remain enforceable. A Superior Court justice ruled that the restrictions no longer were enforceable because all parties had agreed to release them. The owners of one of the two lots in the subdivision appealed...

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