Legal Opinion

Montgomery v. 232511 Investments, Ltd.

Supreme Court of Vermont

Decided April 17, 2012No. 11-188PublishedCited by 4 opinions

1Opinion of the Court

¶ 1. Defendant 232511 Investments, Ltd., the owner of a planned unit development in the Town of Stowe, appeals from separate superior court orders invalidating certain amendments to the development’s declaration of covenants, conditions, and restrictions and awarding attorney’s fees to plaintiffs, the owners of individual lots within the development. Defendant contends principally that the trial court erred in: (1) failing to dismiss the action on the basis of collateral estoppel; (2) finding that the amendments were unreasonable; and (3) granting plaintiffs’ request for attorney’s fees under…

2Cases cited14 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. L'ESPERANCE v. BenwareSupreme Court of Vermont · 2003
  3. In Re Appeal of 232511 Investments, Ltd.Supreme Court of Vermont · 2006
  4. In Re Stowe Highlands Resort PUD to PRD ApplicationSupreme Court of Vermont · 2009
  5. Perez v. Westchester County Department of CorrectionsCourt of Appeals for the Second Circuit · 2009

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3Cited by4 opinions

  1. Arapaho Owners Ass'n, Inc. v. AlpertSupreme Court of Vermont · 2015
  2. 110 East Spring Street CUVermont Superior Court · 2016
  3. Arapaho Owners Association, Inc. and Kattalia v. AlpertSupreme Court of Vermont · 2015
  4. Bragdon v. Bayshore Property Owners Association, Inc.Court of Chancery of Delaware · 2021

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