Parkton Ass'n v. Armstrong

AHRENS, Judge.

This appeal involves the development of a tract of land in Jefferson County. Defendant Robert Armstrong, d/b/a Armstrong Development, (Armstrong) appeals the trial court’s order and decree in favor of Plaintiff, Park-ton Association. 1 We affirm in part and reverse in part.

Russell Emmenegger and Bohemian Savings and Loan Association (Bohemian) formed a joint venture known as Parkton Development to develop a 937 acre tract of land as a planned community. In 1975, Parkton Development recorded a Declaration and Indenture of Covenants, Restrictions, Conditions, and Estoppel…