This Court (Piper, J.) denied both requests, there being no irreparable harm to Tonsberg from continued work. At the start of the case, she sought a temporary restraining order and a preliminary injunction halting further building. Tonsberg sued the Lanzas to enforce the No Pools Restriction and stop the pool's construction. Tonsberg liked the Restriction, and she did not like the Lanza pool. Like the Lanza Property, the Tonsberg Property is subject to the No Pools Restriction. Like the Lanza Property, the Tonsberg Property is a golf course lot. Tonsberg owns a sizeable house (not as expansive or expensive as the Lanza quarters, but a nice home nonetheless) at 144 Country Club Way (the "Tonsberg Property"). Tonsberg, who happens to be developer Tonsberg's daughter-in-law. That distressed a neighbor, plaintiff Roberta J. The Lanzas began building the pool anyway. Lanza knew about the No Pools Restriction when he bought his property, but he begged developer Tonsberg in 2017 to change it. One restriction states plainly: "No in-ground pools shall be constructed on any lot adjacent to the golf course." Tonsberg, had imposed on 61 of the parcels that encircled the golf course the "golf course lots," which include the Lanza Property six restrictions. The trouble was that in 2001, the Country Club and its developer, Frederick M. In the spring of 2017, the Lanzas decided that their yard wouldn't be complete unless it had an in-ground pool. It's a place that the Lanzas, their family and friends enjoy from April 1 to New Year's Eve. In 2015, he and his wife added to the rear of their house a 2,500 square-foot, three-season deck, complete with a living room, dining room, bar, kitchen, pizza oven, fireplace, big-screen television and a sunken Jacuzzi. Lanza custom-built his home at a cost of $1.2 million. The backyard of the Lanza Property empties onto the fairway of the second hole of the Club's eighteen-hole golf course. The property abuts the Indian Pond Country Club. Lanza, the trustees of the Lanza Trust, own a luxurious home on 162 Country Club Way (the "Lanza Property"). Summertime, but the living isn't so easy on Country Club Way in Kingston, Massachusetts. FINDINGS OF FACT AND CONCLUSIONS OF LAW (Rule 52, Mass.
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