Horse Pond Fish & Game Club, Inc. v. Cormier
New Hampshire Supreme Court
581 A.2d 478 (N.H. 1990)
Relevant factsFree
A deed restricted the Horse Pond Fish & Game Club (plaintiff) from selling its property unless every single member approved, and when the Club sought to relocate due to increasing residential development nearby, member Cormier (defendant) was the lone holdout vote, blocking the move under the unanimous-consent requirement. The Club, a registered charitable corporation, sued for a declaration that the restriction was an invalid restraint on alienation, and the superior court granted the Club summary judgment; Cormier appealed.
IssueFree
Whether a restraint on alienation, though generally invalid if unreasonable, may nonetheless be valid where the property owner is a charitable organization.
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