Benoit v. Cerasaro
Annotate this CasePlaintiffs Kathleen Nawn-Benoit and Thomas Benoit appealed a superior court order granting the summary judgment motion filed by defendants Ronald and Rita Delude, and denying plaintiffs’ cross-motion for summary judgment. In July 2014, over the objections of several lot owners in the parties' subdivision, plaintiffs obtained a variance to build a single-family residence on property designated as Common Land in their original 1974 plans. A "Declaration of Covenants" was recorded with the development plan, making all lots in the development subject to the Declaration, and the intention of the Developer to create "open spaces and other common facilities for the benefit of [that] community." In January 2015, plaintiffs brought a petition against the residents of the subdivision seeking: (1) a declaratory judgment that the Declaration was unenforceable; (2) an order that they acquired title to the Common Land “free and clear of the Declaration through adverse possession”; and (3) to the extent that the Declaration was deemed enforceable, an order requiring defendants to form a homeowners' association, purchase the Common Land from plaintiffs “at its fair market value,” and reimburse them for their “out-of-pocket expenses . . . , including real estate taxes.” The trial court concluded that “[b]ecause the undisputed material facts and the applicable law apply equally to the [plaintiffs’] claims asserted against all of the other [defendant]-lot owners, they are likewise entitled to summary judgment.” The court subsequently denied the plaintiffs’ motion for reconsideration. Finding no reversible error in the trial court's judgment, the Supreme Court affirmed.
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