Property Law Keyed to Singer
Whitinsville Plaza v. Kosteas
Charles Kosteas (Defendant) sells a parcel A to trustees of the 122 Trust (Trust). The deed had numerous restrictions, including one that restricted Defendant from using the abutting land for a discount store that would compete with the discount store Trust intended to build. Defendant was allowed to build a drug store on his retained land. The deed states that the restrictions are covenants running with the land. Trust conveys parcel A to Whitinsville Plaza (Plaintiff). The deed to Plaintiff expressly made Plaza subject to, and gave it the benefit of, the restrictions in Defendant’s deed. Defendant leases its abutting land to CVS for use as a discount department store and pharmacy. Plaintiff sues to enjoin Defendant and CVS from operating a discount store.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.