La Salle National Bank v. Triumvera Homeowners Ass'n

I respectfully dissent from the decision of my colleagues. My review of the record and all the pertinent documents has led me to the firm conclusion that the trial court abused its discretion not only when it denied SRA-Triumvera’s request for a preliminary injunction but also when it granted the injunction in favor of the Homeowners’ Association. Further, the majority’s statement that SRA’s critical burden was to convince the trial court of the original developer/declarant’s right to conduct a unit leasing business at Triumvera focuses on an “issue” never specifically addressed by the trial…