Garland v. Rosenshein

649 N.E.2d 756 (1995)

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Garland v. Rosenshein

Massachusetts Supreme Judicial Court
649 N.E.2d 756 (1995)

SC

Facts

Bernard Rosenshein (defendant) bought a tract of land and contacted the owner of the adjacent parcel, Willowdale Realty Trust, about purchasing that tract as well. When Rosenshein and Willowdale could not reach an agreement, Rosenshein sold his tract to North Shore Auto Brokers, Inc., subject to a restriction prohibiting North Shore and its successors from developing the property with the adjacent tract. North Shore sold the tract subject to the restriction. This purchaser defaulted on his mortgage, and eventually William Garland (plaintiff) bought the tract subject to the restriction imposed by Rosenshein. Garland brought suit seeking a declaratory judgment that the restriction was invalid. The land court ruled in Garland’s favor. Rosenshein appealed.

Rule of Law

Issue

Holding and Reasoning (Nolan, J.)

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