This section contains the nature of the case and procedural background.

Lalonde (P) and others were owners of lots in a subdivision purchased from the developers in 1966. Renaud (D) purchased their lot in 1982 and erected a fence between the beach and the grassy portion of their lot and expressed on intent to develop the land. P sued D. The original deeds did not expressly refer to a park nor did the declarations or restrictions in any of the deeds expressly prohibit construction in the area designated as a park. The trial court found for P and ruled that D had purchased a park. D appealed.

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