Alpine Acres Homeowners Ass'n v. Leonard

In this case, we must decide whether landowners of property adjacent to a subdivision have a right of passage over a privately maintained road which is located within that subdivision. We affirm the circuit court orders which held that the disputed road is a private road and enjoined the owners of adjacent land from using it.

The road at issue lies entirely within the Alpine Acres Subdivision (Alpine Acres), as illustrated on the appended map. The road’s right-of-way begins at a point where it intersects with a public road and proceeds through the subdivision in a northerly direction. The…