Scott v. Turner

A zoning variance permitting a substandard access road on the Yohes' property explicitly did not extend to subsequent owners; after the Yohes subdivided and sold Lot 2 (served by that road) to the Scotts (plaintiffs), the Scotts contracted to sell Lot 2 to the Turners (defendants) promising "good and marketable" title, but the Turners withdrew upon learning the variance had expired, exposing any Lot 2 owner to potential government suit to widen the road; the district court granted the Turners summary judgment.