Aspen Acres Association v. Seven Associates, Inc.

CALLISTER, Chief Justice:

Plaintiff, an association composed of some but not all of the persons owning lots in a subdivision in Summit County, initiated this action to determine the rights and duties of each of the parties concerning the roads and water system within the subdivision. Defendant, by conveyance, had succeeded to all the right, title, and interest of the corporate entity, Aspen Acres Incorporated, which had developed the subdivision, including the water system and any development in connection with the water system appurtenant to the real estate.

Aspen Acres Incorporated, the…