Sunshine v. BrettAnnotate this Case
At issue in this case was a private road that provided access to sixteen parcels of property. In 2003, residents who lived along the road formed a road association pursuant to the Private Ways Act. At the association’s first meeting, a road commissioner was elected, and all of the attendees, including Defendant, signed a Road Maintenance Agreement agreeing to divide maintenance costs of the road. Defendant never paid any of the bills he received from the association. In 2009, the road commissioner filed a claim against Defendant seeking payment of assessments dating back to 2005. The district court entered judgment for the commissioner. Defendant appealed. A jury returned a verdict in the commissioner’s favor, and the court entered judgment in the amount of $6,000. The Supreme Court vacated the judgment, holding that the association was not eligible to make assessments for the years in question because it failed to comply with the notice requirements of the Private Ways Act.