College Book Centers, Inc. v. Carefree Foothills Homeowners' Ass'n

OPINION

BROWN, Judge.

¶ 1 Defendant Carefree Foothills Homeowners’ Association (the “HOA”) appeals a jury verdict in favor of plaintiff David Vanyo, as trustee for College Book Centers, Inc., 401 Profit Sharing Plan (“Vanyo”). The HOA argues that the trial court erred in denying its motions for judgment as a matter of law (“JMOL”) as to all three of Vanyo’s claims: (1) whether the HOA waived a provision of the Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”) prohibiting non-residential structures; (2) whether Vanyo proved he acquired an implied way of necessity, and (3) whether…