Raymond A. Conn v. William M. Donlon Et Al.

The developer of a subdivision filed suit seeking to enforce restrictive covenants against
the owners of property within the first phase of a multi-phase subdivision. In response, the
homeowners filed a motion for summary judgment, arguing that the developer had
breached his fiduciary duty to timely turn over control of the homeowners’ association to
the homeowners for the first phase of the subdivision. The developer also filed a motion
for summary judgment, which was denied by the trial court. The trial court granted
summary judgment in favor of the homeowners upon its determination that the developer
could no longer enforce the restrictive covenants against the homeowners in the first phase
of the subdivision because he was required to turn over control of the homeowners’
association for the first phase of the subdivision to the property owners. We affirm the trial
court’s grant of summary judgment in favor of the homeowners.