Briarcliffe Lakeside Townhouse Owners Ass'n v. City of Wheaton

Plaintiff, Briarcliffe Lakeside Townhouse Owners Association (association), brought this action for declaratory and equitable relief seeking to compel defendant, City of Wheaton, to repair erosion damage on two lakes in a development known as Briarcliffe Lakeside Unit No. 1 (Briarcliffe Lakeside). The association’s amended complaint alleges that the lakes are part of an easement granted to the city allowing the city to conduct and store storm water through, across, and upon Briarcliffe Lakeside. Counts I, II, and III allege that the city has a legal duty to maintain the lakes as part of the…