Sayler v. City of Durham

Defendant City appeals from a summary judgment in favor of plaintiffs, finding that the City lacks standing to enforce a “Buffer and Landscape Easement” contained in the recorded plat of a Planned Unit Development (PUD) approved by the City. We reverse.

Most of the facts are undisputed. A land developer applied to the City for approval of a PUD. The City gave preliminary approval subject to a number of conditions, including that the PUD contain a 40-foot wide buffer area of natural vegetation between one side of the PUD and Boones Ferry Road. The developer complied with this condition by…