Forest Hills Gardens Corp. v. Baroth

OPINION OF THE COURT

Edwin Kassoff, J.

Plaintiff Forest Hills Gardens Corporation (hereinafter FHGC), a not-for-profit corporation, is the record owner of the streets of a private residential community known as Forest Hills Gardens, which encompasses some 900 homes on its 175 acres. In an effort to control the unauthorized parking of vehicles on its streets, beginning in 1989, FHGC instituted a program of immobilizing the unauthorized parked vehicles by applying a "boot” to their wheels which prevented the car from being driven. Once a vehicle has been booted the owner must pay a redemption fee…