First Equitable Realty III, Ltd. v. Grandview Palace Condominium Ass'n

A condominium developer, First Equitable, appeals one aspect of a declaratory judgment 1 in favor of the appellee, Grand-view Palace Condominium Association. We affirm the trial court’s ruling for each of two independently sufficient reasons.

The Commercial Units

The dispute between the parties involves a portion of the amended declaration of condominium dealing with certain “commercial units.” At the discretion of First Equitable, these units could be (1) developed into retail or other commercial uses and “transferred, conveyed, leased or disposed of without the consent of the Association,”…