248 Glenn Cove CP, LLC v. Delva Solutions, LLC

Summary

The Court affirmed the refusal to set aside a sheriff’s sale after the buyer discovered that the property could not be used for the intended apartment rentals. The Court held that the buyer’s equitable-estoppel and mutual-mistake arguments were waived or otherwise failed, and that the alleged zoning mistake was not an irregularity in the sale process because the buyer could have discovered the restriction through reasonable diligence. The Court also found no clear error in the Superior Court’s characterization of the buyer’s reliance.