Equestrian Ridge Homeowners Ass'n v. Equestrian Ridge Estates II Homeowners Ass'nAnnotate this Case
The Supreme Court affirmed the judgment of the district court finding in favor of the plaintiff subdivision in this dispute between two subdivisions, holding that the defendant subdivision's assignments of error were without merit.
At issue was the cost of maintenance for a private street that connected the two subdivisions to public roads. The developers of the subdivisions adopted covenants requiring the subdivisions to share maintenance costs for the private street, but the defendant subdivision later modified its covenants to repudiate its responsibility to pay for the street's maintenance costs. The plaintiff subdivision sued and was awarded $18,733 in damages for its past due share of the street's maintenance costs. The district court also ordered the defendant subdivision to continue contributing its share of costs for the street maintenance and to not again repudiate its obligation to contribute. The Supreme Court affirmed, holding that there was no error in the district court's judgment.