Levy v. Reardon

The plaintiffs, trustees of Summit Place Condominium Trust (Summit), brought this action for declaratory and *432injunctive relief claiming that Summit has a valid easement permitting its residents to use a swimming pool and associated facilities located at the adjacent Hilltop Gardens Condominium Trust (Hilltop), and that Hilltop’s trustees are without authority to prevent Summit unit owners access to and use of the pool. Hilltop denied the validity of the asserted appurtenant easement contending, among other things, that (1) the Hilltop declarants granted the asserted easement without…