Kline v. Shearwater Ass'n

In this case we review a number of issues related to restrictive covenants applicable to a Cape Cod *826development. Specifically, we consider (1) whether the trial court judge’s finding that those covenants were enforceable was erroneous; (2) whether the trial judge erred in finding that a proposal by Donald Kline violated the covenants; (3) whether the judge’s finding that the directors of the Shearwater Association, Inc. (association), owed no fiduciary duty to Kline was error; and, on cross appeal, (4) whether the trial judge erred by excluding evidence of the association’s legal fees in…