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MONGEON BAY PROPS. v. MALLETS BAY HOMEOWNER

No. 15-268.

149 A.3d 940 (2016)

2016 VT 64

MONGEON BAY PROPERTIES, LLC v. MALLETS BAY HOMEOWNER'S ASSOCIATION, Anthony J. Sineni and Merrimack Mortgage Company.

Supreme Court of Vermont.

Motion for Reargument Denied July 11, 2016.

Attorney(s) appearing for the Case

David H. Greenberg , Burlington, for Plaintiff-Appellant.

David D. Aman of Heilmann, Ekman, Cooley & Gagnon, Inc., Burlington, for Defendant-Appellee Malletts Bay Homeowner's Association, Inc.

Present: REIBER, C.J., DOOLEY, SKOGLUND, ROBINSON and EATON, JJ.

¶ 1. This case calls upon us to determine whether, and under what circumstances, a court may decline on equitable grounds to enforce a provision in a long-term ground lease giving the lessor the right to terminate the lease and reenter the premises in the event of a default. Plaintiff Mongeon Bay Properties, LLC (MBP) sued defendant...

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