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SMALLEY v. STOWE MOUNTAIN CLUB, LLC

No. 10-204.

25 A.3d 539 (2011)

2011 VT 51

David SMALLEY v. STOWE MOUNTAIN CLUB, LLC.

Supreme Court of Vermont.

May 20, 2011.

Attorney(s) appearing for the Case

Russell D. Barr , and Daniel A. Seff , of Barr & Associates, P.C., Stowe, for Plaintiff-Appellee.

Christopher D. Roy of Downs Rachlin Martin PLLC, Burlington, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

BURGESS, J.

¶ 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley's deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued the deed; (2) erroneously refused to allow additional discovery...

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