John G. Danielson, Inc. v. Winchester-Conant Properties, Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Circuit Judge.
This copyright case involves unusual facts, many dating to the mid-1980s, which greatly influence its result. A real estate developer acquired a parcel of land covered by a 30-year restrictive covenant to which a previous owner had agreed. The covenant required that any residential development conform with site plans submitted by the previous owner. The new owner tried to modify these restrictions; when it failed to do so it built a condominium subdivision that adhered to the site plans in the covenant. The architectural firm that had earlier designed those plans then…
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