Bennett v. Tracy

[¶ 1] Joseph Tracy appeals from a judgment entered on Katherine Bennett’s motion for partial summary judgment in Superior Court (Hancock County, Mead, J.) permanently enjoining Tracy from using his property for any commercial purpose. On appeal, Tracy contends that the court erred when it denied his own motion for partial summary judgment and granted Bennett’s because the restrictive covenant in his deed that formed the basis of the injunction does not prohibit commercial uses. Alternatively, he argues that a genuine issue of material fact remains as to whether Bennett was estopped from…