Village Green Condo. Ass'n v. Hodges
Annotate this CaseIn this declaratory judgment proceeding, respondents, David and Joanne Hodges, appealed a Superior Court order ruling that they must contribute to the maintenance and repair of an easement they hold over property owned by the petitioner, Village Green Condominium Association (Village Green). The Hodgeses objected, arguing: (1) that the plain language of the easement deed "addressed the issue of maintenance and improvement of the right of way" and "gave [them] the affirmative right, but not the corresponding obligation, to improve and maintain the right of way;" (2) Village Green's claim was barred by waiver and laches; and (3) because Village Green "never made any demand upon [them] to contribute to the cost of the maintenance and improvement of the right of way," and because they "did nothing to maintain, repair or improve the easement," the course of dealing of the parties was such that they are under no obligation to contribute to the easement's maintenance and repair. Following the trial court's ruling, the parties entered into a settlement agreement regarding the nature and extent of the Hodgeses' contribution obligation. In the agreement, the parties acknowledged that the Hodgeses intended to appeal the trial court's ruling as to their obligation to contribute to easement maintenance and repair, and established an agreed-upon procedure for determining the past and future maintenance obligations should the New Hampshire Supreme Court affirm the trial court's ruling. This appeal followed. The Supreme Court, finding no reversible error, affirmed.
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