Walton v. Carignan

WELLS, Judge.

Because principles of summary judgment law are often stated and well understood, we need not repeat them here. The essential and dispositive question is whether the materials before the trial court presented a factual dispute appropriate for resolution by trial, or whether under the undisputed facts of this case, plaintiffs were entitled to judgment as a matter of law.

Covenants which restrict an owner’s use of real property have often presented our courts with questions difficult to resolve, but few cases we have found in the law of this State have presented a question more…