Beaches West Developments, Ltd. v. North Carolina Eye, Ear, Nose & Throat, P.A. Defendants produced an affidavit from an expert in landscape architecture forecasting testimony that the stormwater retention pond for the parties’ office park is in compliance with all city regulations and, to the extent required, with the customary standards of a Class A office park. Plaintiff, on the other hand, produced nothing beyond its own admittedly lay opinion that the pond should have more attractive landscaping in order to conform to Class A office park standards - which it claimed were impossible to specifically identify. Plaintiffs failed to make out a prima facie case that defendants were in default of their duties to maintain the pond under the office park’s declaration.
Tagged with: Civil Practice Declaratory Judgment Real Property summary judgment
Read More »