Legal Opinion

Smalley v. STOWE MOUNTAIN CLUB, LLC

Supreme Court of Vermont

Decided May 20, 2011No. 2010-204PublishedCited by 1 opinion

1Opinion of the CourtBurgess, J.

¶ 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley’s deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued the deed; (2) erroneously refused to allow additional discovery relating to certain contested issues; and (3) exceeded the proper scope of injunctive relief. We agree with the first two claims, and…

2Cases cited16 opinions

  1. Morrisseau v. FayetteSupreme Court of Vermont · 1995
  2. Nsk Ltd. And Nsk Corporation v. The United States, and Federal-Mogul Corporation, and the Torrington CompanyCourt of Appeals for the Federal Circuit · 1997
  3. Kipp v. Chips EstateSupreme Court of Vermont · 1999
  4. Rogers v. WatsonSupreme Court of Vermont · 1991
  5. Mann v. LevinSupreme Court of Vermont · 2004

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3Cited by1 opinion

  1. Federated Retail Holdings, Inc. v. County of RamseySupreme Court of Minnesota · 2012

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