Thomas v. Farrell

Plaintiffs Herman S. and Mavis C. Thomas appeal from the decision of the Chittenden Superior Court, which granted summary judgment in favor of defendant Thomas Farrell, declaring that a provision in plaintiffs’ deed permitted defendant to diminish the number of parking spaces in the common parking area. We affirm.

Plaintiffs own a furniture store in a building that they purchased, along with the land directly underneath the building, from defendant under a warranty deed dated January 28,1960. The land and building are in a shopping center along Shelburne Road in South Burlington. The building…