American Dream At Marlboro, L.L.C. v. Planning Board

This matter arises in the context of a dispute about a deed restriction that a planning board imposed on a developer. Although the deed restriction was an express condition of the Planning Board’s subdivision approval, the developer did not thereafter record it, but instead sought new approvals that would effectively eliminate it.

In the proceedings that followed, both the appropriate mechanism and the quantum of proofs needed for removal of a deed restriction were litigated. This appeal raises the dispute of the parties about those issues for our consideration.

I

Plaintiff American Dream at…