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Home / Opinion Digests / Restrictive covenants cannot be enforced in statue removal case (access required)

Restrictive covenants cannot be enforced in statue removal case (access required)

The commonwealth has the authority to remove a state-owned monument from state owned property. The monument is a form of government speech. To the extent that the document conveying the property to the state and a legislative resolution accepting the property created restrictive covenants that purportedly bar the monument’s removal, public policy prevents enforcement of ...