Nelson v. Russo

BERGER, Justice:

In this appeal, we consider whether the Superior Court has subject matter jurisdiction to decide a dispute between neighboring condominium owners over an addition to one condominium that allegedly encroaches on the common areas. The complaint was styled an action in ejectment, but appellee’s purpose in bringing the lawsuit was to have the enclosures that are obstructing the common area airspace removed. The Superior Court concluded that, since appellee was not asking for injunctive relief, the law court had jurisdiction to entertain the ejectment action. We disagree. Appellee…