Apple Tree Ridge Neighborhood Ass'n v. Grandfather Mountain Heights Property Owners Corp.

STEELMAN, Judge.

The trial court improperly granted plaintiffs’ motion to reform material terms of a voluntary settlement agreement, i.e. to change the location of the right-of-way, increase the width of the right-of-way, expand the temporary construction easements for the cut and fill areas, and substantially increase the cost of such construction, and then enforced the modified agreement against defendant Weisman. The trial court’s order must be reversed.

I. Factual and Procedural Background

Apple Tree Ridge Subdivision (ATR Subdivision) was developed in 1973 by Frank Kershaw (Kershaw) and is…