Wolf v. Cline

SPICER, P.J.,

Petitioner, who holds an option to purchase real estate which is subject to restrictions, brings this action for declaratory judgment to have one such restriction interpreted. He alleges plans to construct a condominium on lands adjacent to the optioned land and use the optioned land as an entrance plaza or roadway for the condominium.

The restriction in question prohibits using the land as a “right of way.” Petitioner proposes that the restriction would not prohibit an owner or multiple owners from using his or their land for the purposes of access since such use would not be of…