ENFIELD GREEN HOMEOWNERS ASS'N v. Francis

MEMORANDUM OPINION

(October 6, 2004)

The Enfield Green Homeowner’s Association [“HOA”] appeals from the Territorial Court’s entry of judgment in favor of the appellee during a bench trial, based on a failure of proof. The issues raised on appeal are:

1) Whether the court erred in excluding documentary evidence of the covenants and restrictions under the best evidence rule.

2) Whether the court erred in dismissing the action for insufficiency of the evidence, following its exclusion of the evidence noted above.

The Territorial Court erred in its determination that a copy of the restrictive…