Zacharewicz v. Hanly

Introduction

Joanne Zacharewicz, Juanita Carl, Harold Nachtrieb and Christine Nachtrieb, (“Appellants”), residents and lot owners of University Heights Subdivision Number 3 (“subdivision”), appeal the trial court’s judgment in favor of Sarah Hanly, Frank Nichols and Genice Self, the subdivision Trustees. Appellants claim that the Trustees lacked authority to erect fences and gates over an area known as “Wellesley Avenue” because, pursuant to a Declaration of Trust and Agreement (“Indenture”), an easement existed for the benefit of the lot owners. Because the court’s judgment is not final, we…