McCue v. Heritage Farms Property Ass'n

ALTENBERND, Judge.

John McCue and McCue Holdings, LLC, appeal an order granting a temporary injunction in favor of Heritage Farms Property Association, Inc. (the Association). The order enjoined them from using the roads within the subdivision regulated by the Association to transport or deliver equipment, material, or personnel to improve adjacent property owned by McCue Holdings, LLC. We reverse and remand for further proceedings.

Mr. McCue lives in the Heritage Farms subdivision in Lee County. Immediately behind his lot in the subdivision, there are forty-one acres of unimproved,…