Tagliaferri v. Spencer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that, at least in commercial settings, rights of first refusal are \best regulated by the rule against unreasonable restraints on alienation\
• referring to view that preemptive rights could ever be subject to the rule against perpetuities as “contrary to established principles of law”
• upholding preemptive right to purchase property at price fixed by arbitration, stating “ ‘a market value fixed by arbitrators compelled to consider the price a willing seller would accept from a willing buyer at the time of sale can hardly be unreasonable, as a matter of law'”
• \[W]e hold that the rule against remote vesting does not apply to preemptive rights in commercial and governmental 01- transactions. . . .\
• \[W]e hold that the rule against remote vesting does not apply to preemptive rights in commercial and governmental 01- transactions. . . .\
• the common law rule against unreasonable restraints serves general purpose of limiting the power of an owner to create uncertain future estates by forbidding owners from imposing conditions on conveyances that block the free disposition of property

Source: CourtListener parenthetical corpus (CC0).