Sylvan Properties Co. v. State Planning Office

CLIFFORD, Justice.

[¶ 1] The State Planning Office and Evan Richert appeal from a declaratory judgment in the Superior Court (Penobscot County) determining that the restrictive covenant in a deed from Sylvan Properties (Sylvan) was ambiguous (Marden, J.) and that the State’s proposed development of a statewide landfill on the property violates the terms of the covenant {Mills, J.). Because we conclude that the restrictive covenant language is unambiguous, and that the proposed landfill does not violate the covenant, we vacate the judgment.

[¶2] The restrictive covenant at issue was contained…