Tibbetts v. Michaelides, 2011 VT 52

Summary

The Vermont Supreme Court affirmed a judgment rejecting neighboring landowners' attempt to enforce a deed restriction limiting construction to five single-family houses. The court held that the restriction benefited land retained by the grantor rather than the conveyed property or a general development scheme, so the neighbors lacked standing to enforce it.

Holdings

1. The restriction was intended solely to benefit the land retained by Lowell, not the land conveyed to Trono or the subsequent owners of lots created from that conveyance.
2. Because defendants' properties were not intended beneficiaries of the restriction, defendants lacked standing to enforce it against plaintiffs.
3. The court declined to review the challenge because defendants had not clearly raised it below and the record lacked sufficient evidence, notwithstanding that subject matter jurisdiction generally may be raised at any time.
4. The court rejected both claims because they were not properly preserved in the trial court and were not cognizable on appeal.

Questions Presented

1. Whether the five-house restriction in the Lowell-to-Trono deed was intended to benefit the land retained by Lowell or the land conveyed to Trono and his successors.
2. Whether the neighboring defendants had standing to enforce the five-house restriction against plaintiffs.
3. Whether the trial court lacked subject matter jurisdiction to collaterally review the municipal zoning permit.
4. Whether defendants were entitled to a declaratory judgment concerning plaintiffs' beach-access rights.
5. Whether defendants were entitled to a remand concerning whether plaintiffs' house violated a state subdivision permit.

Disposition

affirmed