Legal Opinion
Prestwick Landowners' Ass'n v. Underhill
Ohio Court of Appeals
Decided July 16, 1980No. 9511PublishedCited by 15 opinions
1Opinion of the CourtMahoney, J.
The defendants-appellants, the Underhills, appeal an injunction against their continued use and maintenance of a fence built on their lot without the prior approval of the plaintiff-appellee, Prestwick Landowners’ Association of Prestwick Condominium. We reverse.
Facts
The Declaration establishing Prestwick Condominium shows that the “units” are actually 134 parcels of real estate of varying sizes, but, generally, about 100 feet by 130 feet. The only common areas are the streets and three strips of land. One strip is about 40 feet by 600 feet and is abutted on each side by six 100 foot lots.…
2Cases cited6 opinions
- Sierra Club v. MortonSupreme Court of the United States · 1972
- Dixon v. Van Sweringen Co.Ohio Supreme Court · 1929
- Bailey Development Corp. v. MacKinnon-Parker, Inc.Ohio Court of Appeals · 1977
- Exchange Realty Co. v. BirdOhio Court of Appeals · 1933
- Fairfax Community Ass'n v. Boughton, Court of Common Pleas of Ohio, Franklin County, Civil Division1955
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Seabreak Homeowners Ass'n, Inc. v. GresserCourt of Chancery of Delaware · 1986
- Cypress Gardens, Ltd. v. PlattNew Mexico Court of Appeals · 1997
- DeRosa v. ParkerOhio Court of Appeals · 2011
- River Terrace Condominium Assn. v. LewisOhio Court of Appeals · 1986
- Young v. TORTOISE ISLAND HOMEOWNER'SDistrict Court of Appeal of Florida · 1987
10 more not listed; retrieve them via the Exa API.