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SALE OF LAND - Remedies - Rescission or annulment

Thursday, February 15, 2018 @ 8:46 AM  

Appeal by the plaintiff from a decision dismissing its motion for summary judgment and its action for return of a deposit. The appellant agreed to purchase a property from the respondent that included residential apartments. Prior to closing, an issue arose whether the apartments were a permitted use under the existing zoning by-law applicable to the property. The respondent rejected the appellant’s requisition that required the respondent to provide an amendment to the local zoning by-laws to permit the current use to continue legally after closing...