The DOVER POOL & RACQUET CLUB, INC. v. Brooking

How courts have described this case

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

• explaining that relief is precluded in a case of “conscious ignorance or deliberate risk-taking”
• rezoning initiative two days prior to conveyance of real estate when both parties are unaware of the initiative established a factual basis for mutual mistake
• contract voidable by property purchaser when, unknown to either purchaser or seller, zoning by-law adversely effecting property was passed days before land contract was signed
• where the contract has no risk assignment then the question is whether the party entered into the contract with “conscious ignorance or deliberate risk-taking”
• “In general building and zoning laws in existence at the time a land contract is signed are not treated as encumbrances, and the purchaser has no recourse against the vendor by virtue of restrictions imposed by such laws on the use of the property purchased.”
• existing subdivision ordinance does not constitute encumbrance

Source: CourtListener parenthetical corpus (CC0).