Cupola Golf Course, Inc. v. Dooley
In Cupola Golf Course, Inc. v. Dooley, 179 Vt. 427, 898 A.2d 134 (Vt. 2006), the developer sought a declaratory judgment invalidating a covenant which prohibited buildings higher than one story on land "lying easterly" of the homeowner's property.
The court found the dispute was based on an actual controversy because the developers had "taken actions that manifest their intent" by "initiat[ing] the lengthy permit process." Id. at 138.