353 Mass. 769 | Mass. | 1968
The plaintiffs (Group A) own land (Lot A) just west of Boston park land (Lot C) at the southwesterly corner of the intersection of Commonwealth Avenue with Chestnut Hill Avenue. On Chestnut Hill Avenue the defendants (Group B) own Lot B, bounded on the south by Lot A and on the east by Lot C. The Superior Court upheld a zoning change to permit a high-rise apartment on Lot C, which lot Group A planned to buy. While an appeal to this court was pending, Group A made two 1958 agreements with Group B, pursuant to which Group B withdrew its appeal and agreed to refrain from protesting any building by Group A on Lot C, and Group A paid certain counsel fees and imposed restrictions on Lot A for the benefit of Lot B. Group A in April, 1961, cancelled its agreement to buy Lot C. The city park commission then arranged to sell Lot C to Turner Associates Trust, to which Group A had agreed to sell Lot A and with which Group A was to participate in some way in the venture on Lot C. In December, 1961, one of Group B joined in a taxpayers’ suit to enjoin the sale of Lot C to the Turner trust. In this, the Attorney General intervened in January, 1962. See Jacobson v. Parks & Recreation Commn. of Boston, 345 Mass. 641. Group A by the present bill seeks restitution from Group B by rescission of the deeds
Decree affirmed.
