News & Thought Leadership from Sulloway & Hollis

April 11, 2017

Attorneys Natalie Laflamme and Derek Lick Obtain Summary Judgment in Commercial Property Dispute

Sulloway attorneys Natalie Laflamme and Derek Lick successfully obtained summary judgment for a real estate developer client in a property dispute in the Carroll County Superior Court involving the scope of a restrictive covenant over commercial land in the heart of North Conway’s busy shopping district.

The Sulloway client acquired two parcels, one of which was burdened by a “no restaurant” restriction and the other of which was not. After the client merged the two parcels for municipal planning and taxation purposes, the owner of a neighboring restaurant asserted that both parcels were then burdened by the covenant such that no restaurant could be built on either lot. The client retained Sulloway to seek a declaratory judgment from the court that the restaurant restriction remained limited only to the physical area of the originally restricted parcel so that the client could move forward with plans to construct a restaurant.

Natalie and Derek filed a summary judgment motion asking the court to rule in their client’s favor in light of the language of the restriction as found on record in the Registry of Deeds, the circumstances of its creation, and New Hampshire law interpreting similar agreements. The opposing party objected, and after a hearing in which Derek argued the case on the client’s behalf, the court granted the motion and ruled for the client. The opposing party chose not to appeal the decision. The client is now free to move forward with his multi-million dollar plans for development, including the construction of a restaurant that will serve the customers of his planned expansion of outlet stores.