Cove Club Investors, Ltd. v. Sandalfoot Associates, Inc.

HERSEY, Judge.

The final summary judgment which is the subject of this appeal construed a Declaration of Use Restrictions in favor of the plaintiff class and determined that there was no genuine issue as to any material fact. In so ruling the trial court necessarily found the Declaration was clear and unambiguous on its face, precluding the admission of extrinsic evidence as to its appropriate interpretation.

The trial court made three specific findings, any one of which, if supportable, would justify a judgment in favor of appel-lee as a matter of law.

The court found that while the Declaration…