Legal Opinion

Well-Built Homes, Inc. v. Shuster

Massachusetts Appeals Court

Decided September 29, 2005No. 04-P-639PublishedCited by 7 opinions

1Opinion of the CourtDuffly, J.

By a partial summary judgment of the Land Court, various aesthetic and architectural restrictions and a prohibition against further subdivision of lots in a residential development were held not to apply to two lots owned by the defendant Richard Shuster.1 We reverse the portion of the judgment that declared that a covenant to permit the imposition of future restrictions does not run with the land. As to the declaration that Richard’s lots are not subject to the restriction against further *620subdivision, we vacate that judgment and remand for further proceedings.

1. Facts. The undisputed facts,…

2Cases cited29 opinions

  1. Whitinsville Plaza, Inc. v. KotseasMassachusetts Supreme Judicial Court · 1979
  2. Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
  3. Snow v. Van DamMassachusetts Supreme Judicial Court · 1935
  4. Dittemore v. DickeyMassachusetts Supreme Judicial Court · 1924
  5. Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944

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3Cited by7 opinions

  1. Sullivan v. O'ConnorMassachusetts Appeals Court · 2012
  2. Murphy v. Planning BoardMassachusetts Appeals Court · 2007
  3. In Re Arcadia Enterprises, Inc.United States Bankruptcy Court, D. Massachusetts · 2010
  4. CHURCH OF THE HOLY SPIRIT OF WAYLAND & others v. MARILYN J. HEINRICH & others (and a companion case ).Massachusetts Appeals Court · 2022
  5. Blackstone Smithfield Corp. v. Town of BlackstoneMassachusetts Superior Court · 2009

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