Noble v. Kalanges

¶ 1. In this appeal, we consider whether plaintiffs have the right to prevent defendant from developing his property, which at one time was designated on a subdivision plat as “reserved” for an elementary school. Plaintiffs argue that because their deeds reference the subdivision plat, they acquired an implied easement that limited the use of the site to a school. Alternatively, they argue that through a reversionary clause of a 1985 warranty deed, they acquired an equitable servitude that required the site to remain open space. The trial court rejected these arguments and granted summary…