Bell Canyon Acres Homeowners Ass'n v. McLellandAnnotate this Case
The Supreme Court reversed the judgment of the district court declining to enter summary judgment for Appellants on the grounds that the Utah Declaratory Judgment Act requires neighbors objecting to fences that encroach on bridle paths to sue all homeowners whose property is subject to the bridle path easement, rather than just those homeowners who have fences that infringe on the path, holding that no such joinder is required.
Appellants brought suit alleging that Appellees - four of approximately one hundred homeowners in Bell Canyon Acres Community - intruded upon bridle paths in the neighborhood for the use of residents, thereby violating the restrictive covenants that apply to the lots in Bell Canyon Acres. Appellants sought a declaratory judgment determining the parties' on the bridle paths and declaring that Appellees were encroaching on the bridle paths. The district court denied Appellants' motion for summary judgment, concluding that Utah Code 78B-6-403(1) required that all homeowners in the community whose property was subject to the restrictive covenants and the bridle path easement (the outsiders) were required to be joined. The Supreme Court reversed, holding that section 403 provided no impediment to the declaratory judgment Appellants sought and that the outsiders did not need to be joined as parties.