Bay Colony Civic Corporation v. Pearl Gasper Trust and Bruce F. Waller

OPINION

SHEPARD, Senior Judge.

Two homeowners in a planned subdivision on a reservoir have been seeking to prevent their neighbors from using an easement for access to the reservoir.

The two homeowners own private boat docks, and they sued when the neighborhood association spent funds to create a path down through the easement to the water so that other residents could use the reservoir without encroaching on the docks. Concluding the trial court erred by entering judgment in favor of the two homeowners, we reverse.

FACTS AND PROCEDURAL HISTORY

Bay Colony is a residential development situated next…