Signature Pool & Court v. City of Manchester

REINHARD, Judge.

Defendant appeals from an order of the trial court entering summary judgment for plaintiff on its claim for equitable rescission of a contract. We reverse and remand.

Plaintiff desired to build and operate an indoor soccer facility on property, which it alleges it possessed as “beneficial leasor,” in the city of Manchester. Pursuant to that end, it petitioned defendant for a special use permit to allow such a project. Defendant agreed to grant the permit if plaintiff deposited $20,000 with it to participate in paying the costs for construction of a roadway adjacent to the…