Lee v. Willow Creek Ranch Estates No. 2 Subdivision Homeowners' Ass'n, Inc.

HORTON, Justice.

Dale and Kathi Lee appeal the district court's decision granting summary judgment in favor of Willow Creek Ranch Estates No. 2 Subdivision Homeowners' Association, Inc. (the HOA). The dispute between the Lees and the HOA involves a 1997 agreement (the Agreement) that purportedly grants the Lees three access points to a private road owned by the HOA. The Lees conceded in the district court that the Agreement alone does not create an enforceable easement. The Lees asserted, however, that an easement exists based on the doctrine of part performance or that an enforceable…