Yentile v. Howland

Claiming that an option given to the defendant Howland in an agreement dated August 20, 1984, violates the rule against perpetuities, the Ventiles, the optionors, sought declaratory relief. In addition, they argued that Howland was in breach of the agreement because he had made no effort to effect a zoning change. A judge of the Superior Court dismissed the action because the plaintiffs had not raised the issue of the rule against perpetuities in a previous action in the Land Court between the same parties involving the same agreement. He also found the claim concerning the alleged failure to…