Prospect Development Company, Inc. v. Steven M. Bershader

Summary

The Court affirmed findings that the defendants breached the real estate sales contract and committed actual and constructive fraud by repeatedly representing that adjacent Outlot B was preserved land that could never be developed. It also affirmed creation and enforcement of a negative easement by estoppel, but reversed the $34,000 tree-replacement damages award and reduced attorney's fees by eliminating anticipated collection costs. Justice Lacy, joined by the Chief Justice and Justice Kinser, concurred in part and dissented in part, agreeing that contract enforcement and injunctive relief were proper but rejecting the negative easement by estoppel.