Chase v. Burrell

GLASSMAN, Justice.

In this class action, the plaintiffs, owners of lots in a property subdivision known as Corea-by-the-Sea, appeal from a judgment of the Superior Court (Hancock County) refusing to grant a permanent injunction against Frederick and Marie Burrell. In their complaint, the plaintiffs sought an order enjoining the defendants from building a mobile home retirement village on their lot. The plaintiffs contend on appeal the Superior Court erroneously determined that a restrictive covenant in each of their deeds could not be applied to prevent the defendants from using their land in…