Bruce Pollak v. 217 Indian Avenue, LLC

Syllabus

The plaintiff, Bruce Pollak, appealed from the grant of summary judgment in favor of the defendants, 217 Indian Avenue, LLC, James Moore, and Jane Moore, dismissing all claims in the plaintiff's amended verified complaint, and the denial of his cross motion for summary judgment. On appeal, the plaintiff argued that the hearing justice erred in granting the defendants' motion for summary judgment and denying his own motion for summary judgment. Specifically, the plaintiff submitted that the hearing justice erred in deciding that the defendants did not violate the restrictive covenants when they failed to submit plans to the neighborhood committee before construction of the house commenced. The plaintiff further asserted that he should have been given notice and an opportunity to object to the planned construction. The Supreme Court held that the hearing justice did not err in granting the defendants' motion for summary judgment and in denying the plaintiff's cross-motion for summary judgment because the defendants ultimately received approval from the committee. The Court concluded that the relief sought by the plaintiff would be a substantial inconvenience to the defendants and provide no real benefit to the plaintiff it would merely delay the inevitable. Accordingly, the Court affirmed the judgment of the Superior Court.