Asbury Park, LLC v. Greenbriar Estate Homeowners’ Association, Inc.Annotate this Case
Greenbriar Estates Homeowner’s Association and developer Asbury Park, LLC asserted conflicting interests in a Greenbriar Estates subdivision lot upon which Asbury Park constructed storage facilities. The district court granted partial summary judgment in favor of Asbury Park. Greenbriar HOA appealed and asserted that the district court erred by rejecting the HOA's common law dedication and fraud claims, as well as by refusing to apply the Restatement (Third) of Property-Servitudes. Upon review of the district court record, the Supreme Court concluded that the district court properly dismissed the HOA's common law dedication claim because Asbury Park did not make a clear and unequivocal offer to dedicate the lot at issue to the HOA. The Court therefore affirmed the district court's decision that granted partial summary judgment to Asbury Park.