Grosvenor Park Maintenance Trust Association Wins at Maryland Court of Special Appeals
Washington, DC. On November 1, 2012, the Maryland Court of Special Appeals ruled in favor of the Grosvenor Park Maintenance Trust Association in a lawsuit against 10101 Grosvenor Park Condominium.
Brenda Curtis-Heiken, the President of the Association, said, “I truly believed that we had the very best legal team, and I knew we would win! Thank you and your entire legal team for all the long hours and hard work.”
Importance of decision: The court’s decision further clarifies Maryland law on the limits of a property owner’s rights when the property is subject to an access easement for the benefit of others.
Summary of facts and dispute: Our client (the Grosvenor Park Maintenance Trust Association) had sued the Council of Unit Owners of 10101 Grosvenor Park Condominium, one of the associations served by the Trust, for allowing its residents to park along a roadway that is subject to an access easement for all residents of the Grosvenor Park complex (comprising 6 separate large condominiums and a rental high-rise), in North Bethesda. Parking had never been allowed along the area of the road that passed through the property of 10101 Grosvenor Park Condominium, but 10101 argued that they could allow parking on that portion of the road, since it was on 10101’s property. The parked vehicles narrowed the road and created safety problems. The trial court had ruled in favor of our client and upheld its authority to ban parking on the road. The defendant appealed the trial court’s decision. The Court of Special Appeals ruled that the roadway access easement allows our client to prohibit parking on the road, as it has in the past.
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