London v. Handicapped Facilities Board of St. Charles County, 637 S. 2d 212, 215 ( E. 1982). If the non-movant cannot contradict the showing of the movant, judgment is properly entered against the non-movant because the movant has already established a right to judgment as a matter of law. Appellants' argument assumes that NLDC could not appoint any successor trustees. Taryen Development, Inc. Phillips 66 Company, 31 S. 3d 95, 97-98 ( E. 2000). Unfortunately, the days of the Country Club at Deer Run existing as an active and functioning golf course are numbered! Using the above provision as their authority, the trustees used Deer Run Property Owners Association, a not-for-profit corporation formed by the three existing trustees, as their agent to collect assessments. R. L. Sweet Lumber Company v. E. Lane, Inc., 513 S. 2d 365, 368 (Mo. Our group was formed to fight the further development of this land.
Deer Run Property Owners Association ("Respondent"), as the agent of the successor trustee of Neil Land Development Company ("NLDC"), 1 brought an action for declaratory judgment against landowners of the Deer Run Subdivision ("Appellants") for past due land assessments. Banc 1974)(internal citations omitted). Fayette County - NEW! The parties acknowledge that there still are unsold lots, as well as sold lots without residences. Where the 'genuine issues' raised by the non-movant are merely argumentative, imaginary or frivolous, summary judgment is proper.
The original housing tract was created by a developer named Dick Bond. Directions and Satelite: Let's Zoom In. The total acreage of the Deer Run Planned Development is 1038. ITT Commercial Finance Corp. v. Mid-America Marine Supply, 854 S. 2d 371, 376 (Mo. It is merely the right to have the debt, if not otherwise paid, satisfied out of the land.
I volunteer each Monday at Hospice of Dayton and at a local drug treatment center in Morain Ohio. Examples of development concepts that may be appropriate for PD zoning include, but are not limited to, enhanced protection of natural resource areas, mixed use or transit oriented development, and infill development or redevelopment. His children and grandchildren live in the Dayton area and enjoy visiting their grandparents in Deer Run! The stipulated facts recognize the portion of the restrictive covenants stating that past due assessments shall bear interest at eight percent per annum beginning thirty days after notice of the assessment.
Tom and Rhoda moved to Deer Run in 2018. A CDD is governed by its Board of Supervisors which is elected initially by the landowners, then begins transitioning to residents of the CDD after six years of operation. He spent 45+ years in the financial industry after acquiring a graduate degree in Business Administration with a major in finance. Friday... Mostly cloudy. As a retired Architect he is also active with volunteer work for the City of Centerville in the Building Department and serves on the Architectural Review Board. At the time of the drafting of the restrictive covenant, the parties of the first part and the parties of the second part were one and the same. Because costs and services vary depending upon the individual CDD, specific fee information is available for each community. The initial provision for the trustees and the assessments was in a properly recorded written document.
Further, they provide no authority for the proposition that the appointment of a successor trustee is a transfer of interest in real estate. I am the current president of the Dayton FOP retirees which has over 455 members. These neighborhoods include: Club House Point. Campgrounds & Recreational Vehicle Parks, in Camden, are tourist spots with appropriate facilities & services to allow the visitors to stay either in camping tents or in Recrational vehicles respectively. A professional manager implements the policies of the Board. Cuyahoga County (Cleveland). The use of the plural, "trustees, " would be surplusage, as would the provisions for the appointment of successor trustees. As such, the trustees now serving were appointed pursuant to the restrictive covenants. Clermont County - NEW! They spent an additional several million dollars renovating the golf course and country club. Planned developments shall promote flexibility and creativity in addressing changing social, economic and market conditions, especially where they are used to implement adopted policies of the Comprehensive Plan. Property Management Services. Relationship with the Homeowners Association.
With a CDD in place, residents are assured of the ability to control quality and value for years to come. 9513 Free Short PikeCamden, OH, 45311. The resolution of this question is a question of law. The trustees were given broad powers. Fri. Hi: 50°F Hi: 10°C.
South winds 15 to 20 mph. If the current covenant in place is overturned, there is likely no limit as to what the land could be used for when it comes to residential development. The procedure set forth in the restrictive covenant is not violated. Richland County (Mansfield).
Ribaudo v. Bauer, 982 S. W. 2d 701, 703 ( E. D. 1998). All photos are reviewed before being placed on our website. I retired from Montgomery County as the Chief Building Inspector in 2001. The annual operating and maintenance assessment amount will be set annually by the Board of Supervisors. Partly cloudy in the morning, then mostly cloudy with a chance of rain in the afternoon. Highs in the upper 40s. Today, now known as the Sterling Park Housing Association, it represents about 391 homes, and is the largest and oldest HOA in the subdivision. The CDD makes it possible for our community to offer the most desirable elements of a master-planned community. Appellants provide no authority for the proposition that the appointment of the successor trustee must be in writing, nor have they indicated that this is a case of first impression justifying a lack of authority. Champaign County - NEW! NLDC is referred to in the record on appeal as both "Neil Land Development Company" and "Neil Land Development Company, Inc. " For the sake of clarity, we will encompass both titles when we use "NLDC" in this opinion. The issue raised by Appellants is whether the initial trustees had the authority to appoint successor trustees or whether all the subsequent "building site owners" were the successor trustees by virtue of the initial covenant.
Additionally, Appellant claims there is an issue of fact as to whether NLDC owned all of the land at the time of the indenture because the land may have been subject to loans or deeds of trust. The plain meaning of the covenant is that NLDC was the grantor and the grantee of a trust and the trust document provided a means of appointing successor trustees "for any other reason. " The restrictive covenant provides that the trustees "shall serve as such until the first annual meeting of the building site owners after all of the building sites in said development have been sold, residences erected thereon and occupied. " How are CDD services financed? The successor appointments were recorded in the minutes of the meetings of the trustees; however, those records were destroyed in a fire along with the records of the appointment of the original trustees. According to the Seminole County Land Development Code, 25% of a PD must remain green or open space.