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Horse Pond Fish & Game Club, Inc. v. Cormier

New Hampshire Supreme Court
581 A.2d 478 (N.H. 1990)


Facts

The Horse Pond Fish & Game Club (Club) (plaintiff) was situated on a property subject to a deed that restricted the Club from selling the land unless every one of its members voted in favor of the sale. Due to the increased residential nature of the surrounding area, the Club sought to sell part of the property and move the Club to a different town. To do so, the Club called for a vote of its members. Cormier (defendant) was a member of the Club and was the only member to vote against the move. As a result, the move could not take place because the Club did not have the support of all of its members. The Club, which registered as a charitable corporation, brought suit seeking a declaratory judgment that the restriction in the deed was void as an unreasonable restraint on alienation. The Club filed a motion for summary judgment. The New Hampshire Superior Court granted the Club’s motion. Cormier appealed.

Rule of Law

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Issue

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Holding and Reasoning (Batchelder, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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