Donald D. Kessler v. Natl. Enterprises

LOKEN, Circuit Judge.

Resort condominium owners sued their developer’s successor-in-interest, National Enterprises, Inc. (“NEI”), because the new owner of an adjacent hotel was denying access to the condominium properties, and was refusing to provide utilities, parking, and other amenities. NEI removed the action to federal court and filed a third-party complaint against the hotel owner, Lake Hamilton Resort, Inc. (“Lake Hamilton”), to enforce a license agreement between the original developer and the prior owner of the hotel.

In August 1997, the district court dismissed the third party…