Banbury Holdings, LLC v. May (Signed Opinion)
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The Supreme Court affirmed the judgment of the circuit court denying Petitioner's renewed motion for summary judgment and granting declaratory relief, holding that judicial estoppel applied to this appeal.
Robert May brought an injunction proceeding against Mark-Banbury, LLC, the owner of property that it developed as The Lakes, after Mark-Banbury, LLC began draining water across May's land without May's permission. The circuit court awarded damages and an injunction prohibiting Mark-Banbury, LLC from future development of The Lakes until flooding and damages were stopped. The judgment order was recorded. Banbury Holdings, LLC subsequently purchased The Lakes and filed this collateral proceeding for declaratory judgment requesting that the circuit court declare that the judgment order in the injunction proceeding as void as to Banbury Holdings and its successors in title. The circuit court denied relief, finding that the prior litigation, in which Banbury Holdings was a party, ran with the land and was binding upon Banbury Holdings and all its successors in title. The Supreme Court affirmed, holding that Banbury Holdings was judicially estopped from asserting conflicting positions in this collateral proceeding.
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