Gephart v. Daigneault

The plaintiff, Margaret T. Gephart, appeals the decision of the Superior Court (McHugh, J.) denying her request for an injunction to enforce as an equitable servitude a restrictive covenant relating to the subdivision of the defendants’ lakefront property. The defendants, Thomas and Sally Daigneault, cross-appeal, contending that the Superior Court (O’Neil, J.) erred in denying their motion to dismiss Gephart’s case on the basis of collateral estoppel. We reverse the trial court’s denial of Gephart’s request for an injunction and affirm its ruling that collateral estoppel did not bar the…