But when it was announced in January that the
plan was
rejected and that Cooper Union would stick to its
original plan of charging tuition, I knew that my goal of attending Cooper Union was never going to happen.
However, in Mahon v Sims [2005] 3 EGLR 67, [2005] All ER (D) 169 (Jun) the judge reviewed the authorities referred to above — with the exception of Pryor — and
rejected them all in favour of a construction which held that Mr Mahon and his co-defendant, the successors in title of the
original vendors, had the real interest in approving the
plans as they owned the land which the vendors had retained when imposing the consent proviso and would be most affected.