Marybeth Leamer, as Trustee, etc. v. Marilyn B. White and Omni Amelia Island, etc.

If good fences make good neighbors, what do yard lights make? Answer: This litigation in which neighboring townhouse owners scuffle over a yard lighting system to which one strenuously objects. The trial court granted summary judgment for the objector, Marilyn White, 1 as well as Omni Amelia Island LLC (Omni), whose architectural review board interpreted its covenant against “ostentatious site features” as granting Ms. White a veto over any lighting system that her neighbor, Marybeth Learner, might propose. As explained below, we conclude that the trial court erred in its interpretation of…