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Lynch v. Town of Pelham

104 A.3d 1047 (2014)

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Lynch v. Town of Pelham

New Hampshire Supreme Court
104 A.3d 1047 (2014)

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Facts

J. Albert Lynch (plaintiff) owned a property called the Village Green that he sold to the Town of Pelham (the town) (defendant). After selling the Village Green, Lynch did not own any property. Due to Lynch’s aesthetic taste, he required that the Village Green be subject to a covenant mandating all buildings constructed on the property to conform to the Colonial style of architecture. The town constructed a fire station on the Village Green. Lynch alleged that the fire station did not comport with the covenant. Lynch brought suit, seeking injunctive relief requiring the town to comply with the covenant. The trial court held that Lynch was not permitted to enforce the covenant because he did not own any property benefiting from the covenant. Lynch appealed to the New Hampshire Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Bassett, J.)

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