Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Assn., Anthony J. Sineni and Merrimack Mortagage Co.

¶ 1. This case calls upon us to determine whether, and under what circumstances, a court may decline on equitable grounds to enforce a provision in a long-term ground lease giving the lessor the right to terminate the lease and reenter the premises in the event of a default. Plaintiff Mongeon Bay Properties, LLC (MBP) sued defendant Mallets Bay Homeowner’s Association seeking to void a multi-year ground lease for property abutting Lake Champlain on account of alleged breaches of the covenants in that agreement. After a bench trial, the trial court concluded that the Association had violated…