Asbury Park, LLC v. Greenbriar Estate Homeowners' Ass'n

HORTON, Justice.

Greenbriar Estates Homeowner’s Association (Greenbriar HOA or the HOA) and developer Asbury Park, LLC assert conflicting interests in a Greenbriar Estates Subdivision (Greenbriar Estates or the subdivision) lot upon which Asbury Park constructed storage facilities. The district court granted partial summary judgment in favor of Asbury Park. Greenbriar HOA appeals and asserts that the district court erred by rejecting the HOA’s common law dedication and fraud claims, as well as by refusing to apply the Restatement (Third) of Property-Servitudes. We affirm.

I. FACTUAL AND…