Town of Tuftonboro v. Lakeside Colony, Inc.

The town of Tuftonboro brought this petition for a permanent injunction to enjoin the owner, Lakeside Colony, Inc. (Lakeside), and realtors, Eastern Land and Lumber Co., Inc. and Southern Vermont Land, Inc., its agents, from selling cottages in a cottage colony until the subdivision regulations of the town were complied with. Lakeside brought a petition for a declaratory judgment that the proposed land use was not a subdivision as defined by the town’s ordinance and the State enabling act.

The Trial Court (Keller, C.J.) held that Lakeside’s plan to sell stock that entitled each purchaser to…