Kehrs Mill Trails Associates. v. Kingspointe Homeowner's Ass'n

KATHIANNE KNAUP CRANE, Presiding Judge.

Plaintiff, a subdivision association, filed a petition against defendant, another subdivision association, to obtain specific performance of an obligation to contribute to a fund to maintain a common lake (Count I) and damages as a third party beneficiary for the breach of that obligation (Count II). Defendant filed a counterclaim for an equitable accounting and declaratory judgment, which it subsequently amended, and a third-party petition. The parties filed cross-motions for summary judgment. The dispositive issue on both Counts I and II was whether…