Friedlander v. Hiram Ricker & Sons, Inc.

DUFRESNE, Active Retired Justice,

dissenting.

Robert and Ernest Friedlander, the plaintiff-trustees, pursuant to 14 M.R.S.A. §§ 5953 and 5955, the Uniform Declaratory Judgments Act of Maine, sought to obtain in Superior Court (Androscoggin County) a judgment declaring unenforceable a restrictive covenant contained in a deed from the corporate defendant, Hiram Ricker & Sons, Inc. (Ricker) to the plaintiffs’ predecessor in title. The Superior Court granted summary judgment against the moving plaintiffs in favor of both defendants, declaring the restrictive covenant valid and enforceable. On…