Carey v. Shellburne, Inc.

Herrmann, Justice:

The plaintiffs, lot owners in the development known as Shellburne, appeal from dismissal of their action to enjoin the defendant land developer from using retained lands for commercial purposes. See 215 A.2d 450.

The determinative questions on the appeal are (1) whether the facts establish a neighborhood residential plan for Shellburne; and (2) whether a restrictive covenant may be engrafted by parol evidence upon the plaintiffs’ deeds.

The facts are fully set forth in the opinion of the Chancery Court, 215 A.2d 451-453, to which reference is made. Since the disposition of the…