MANN v. LEVIN

No. 03-394.

861 A.2d 1138 (2004)

2004 VT 100

Bette MANN and Kelley Mann v. Diane LEVIN.

Supreme Court of Vermont.

October 1, 2004.


Attorney(s) appearing for the Case

Heather Rider Hammond and Robert F. O'Neill of Gravel and Shea, Burlington, for Plaintiffs-Appellees.

Christopher D. Roy of Downs Rachlin Martin, P.L.L.C., Burlington, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ.


REIBER, J.

¶ 1. In this appeal, we consider whether the trial court erred in interpreting the terms of a restrictive covenant that limited the "height" of any building on defendant Diane Levin's property to that of a neighboring farmhouse. The trial court found that the covenant was intended as a scenic easement, and thus, it restricted buildings from exceeding the absolute elevation, or "ridge line," of the farmhouse. Because Levin's building exceeded the ridge...

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