Goddard v. Fairways Development General Partnership

Cureton, Judge:

At trial, the master-in-equity refused to dissolve or reform a planned unit development (PUD) and denied the plaintiffs other relief. We affirm in part, reverse in part and remand.

Respondent, Fairways Development General Partnership (Developer), began developing the PUD in the early 1980’s. The original design envisioned the building of approximately 90 villas. To date, only five villas have been built; the last one was completed in 1982.

The PUD is governed by a “Declaration of Covenants, Conditions and Restrictions (Declarations) which grant superior voting rights to the…