Larkin v. McGeehan

DIEFENDERFER, ].,

This case comes before the court as a declaratory judgment proceeding which was commenced by the parties upon stipulated facts by the filing of an agreement for an amicable action. The issue to be determined is whether defendants’ proposed construction of a two-building, ten-unit1 condominium would violate a deed restriction which permits the erection of . . only residences ... on lots only having a frontage on either streets or avenues of not less than fifty (50) feet.”

Plaintiffs, as seller, and defendants, as purchaser, entered into an agreement of sale for a parcel of land…