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Packanack Lake Country Club and Community Association v. Alexander D. Doig Development Co.

Decided: February 6, 1962.

PACKANACK LAKE COUNTRY CLUB AND COMMUNITY ASSOCIATION, A CORPORATION NOT FOR PECUNIARY PROFIT, PLAINTIFF,
v.
ALEXANDER D. DOIG DEVELOPMENT CO., AND ALEXANDER DOIG & SONS, DEFENDANTS



Collester, J.s.c.

Collester

[72 NJSuper Page 361] This matter is before the court upon the application of plaintiff Packanack Lake Country Club and Community Association, a nonprofit corporation (hereafter referred to as Community Association), for an interlocutory injunction, and upon a motion by defendants

Alexander D. Doig Development Co. and Alexander Doig & Sons (hereafter referred to as defendant Doig) for a summary judgment.

The undisputed facts contained in the verified complaint, supporting affidavits and answering affidavits are as follows:

On November 21, 1949 Packanack Homes, Inc., a corporation (hereafter referred to as Packanack Homes), conveyed a tract of land 50 by 115 feet fronting on Beechwood Drive in the Packanack Lake area of Wayne Township to one S. Hobart Lockett. At the time of said conveyance Packanack Homes retained title to several tracts of land located approximately 500, 600 and 1,100 feet from the property so conveyed.

The deed to Lockett contained a covenant whereby Lockett, the party of the second part named therein, "for themselves, their heirs and assigns" agreed not to erect a building or structure on the premises without the written consent of the party of the first part named therein, Packanack Homes, Inc., "its successors and assigns."

The deed thereafter recited that "The foregoing covenants, agreements and easement to run with the land and to be binding on the heirs and assigns of the party of the second part."

The deed further provided that the conveyance was subject to certain covenants and restrictions, "all of which shall run with the land," and a statement that " The restrictions herein are made for the benefits of the remaining lands of the party of the first part and are not to be applicable to other lots except as imposed thereon by the party of the first part."

Among the restrictions recited were provisions that:

"* * *

d. No building of any kind shall be erected on said premises nearer than 25 feet from the road on which such lots front. No dwelling or other buildings shall be erected nearer than 12 feet from any sideline on a plot of 75 feet frontage or more. * * *

n. Buyer agrees to retain a frontage of not less than 75 feet.

"g. Plan of dwelling and lot plan showing proposed location shall be submitted to the membership committee of Packanack Lake Country Club and Community Association and ...


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