Ryzuk v. Timber Ridge Homes at Woods, Inc.

The plaintiffs alleged that they were fraudulently induced into entering the contract to purchase the subject premises by a misrepresentation by the defendant that it was a "superior lot”. The defendant allegedly knew that the subject premises was not a superior lot since the defendant had previously filed a declaration of covenants and restrictions which provided that a 50-foot section of the property would be maintained as a natural and undisturbed buffer along an adjacent roadway. The defendant moved for summary judgment, noting that the plaintiffs could not recall any such…