Justia Construction Law Opinion Summaries

Respondents Dr. Rajbir Sarpal and his wife Carol purchased a parcel of property in 2003 on which they built their home. The property was encumbered by two easements reserved by the City of North Oaks for a future trail. The Sarpals wanted a shed on their property, and in 2006, went to the City to obtain the necessary permits. A City employee gave Dr. Sarpal an "as-built" survey in order to obtain the necessary permits, but the survey was dated to a time before the Sarpals' home was built. Dr. Sarpal, acting as his own general contractor, drew up the plans, submitted them to the requisite authorities, and built the shed on his property. He would later find out that the shed encroached on the City's two easements. Dr. Sarpal petitioned the local zoning board for a variance in order to save the shed, but was denied. The City sued to have the shed removed. The court dismissed all of the City's claims, holding that because the Sarpals relied on the survey given to them by the City, the City was equitably estopped from suing for the easements now. The appellate court affirmed the lower court's decision. The Supreme Court held that when a government entity makes a "simple mistake" when providing a document to a party upon which the party relies to obtain building permits and the government approves that permit, the mistake is not wrongful conduct sufficient to support the conclusion that the government is equitably estopped from enforcing its zoning ordinances.

Appellant Don Phillips was the sole shareholder and officer in Crystal Lake Land Developers, Inc.(CLLD). In 1979, CLLD began developing Crystal Pines, and deeded all the roads in Crystal Pines to the Crystal Lake Road Company. In the mid 1980s, the Road Company operated as a simple homeowners association, but eventually changed its name to Crystal Pines Homeowners Association (HOA). CLLD attempted to execute a second deed to reflect the change of the Road Companyâs name to the HOA. The second deed stated that the HOA would be responsible for fixing the roads in Crystal Pines. In 1980, CLLD constructed a boat ramp that many of the homeowners used regularly. In 2004, CLLD gated and locked the boat ramp, and later conveyed title of the ramp to his son. The son then transferred title of the ramp to the Crystal Pines Yacht Club, which continued to keep the ramp locked from the residents. The HOA filed suit against Phillips, CLLD and the Yacht Club over who was responsible for maintaining Crystal Pinesâ roads, and for access to the boat ramp. The master-in-equity ruled in favor of the HOA, and Phillips, CLLD and the Yacht Club appealed. The Supreme Court found the deed in question unambiguous pertaining to who was responsible for fixing the roads. The Court found that CLLD and Phillips are not responsible for maintaining all of Crystal Pinesâ roads, only those roads they damage as a result of their development efforts. However, the Court found the mater did not err in finding that the HOA had established a prescriptive easement in its use of the boat ramp. The Court affirmed part and reversed part of the lower courtâs decision, and remanded the case for further proceedings on that which it reversed.

Appellant Don Phillips was the sole shareholder and officer in Crystal Lake Land Developers, Inc.(CLLD). In 1979, CLLD began developing Crystal Pines, and deeded all the roads in Crystal Pines to the Crystal Lake Road Company. In the mid 1980s, the Road Company operated as a simple homeowners association, but eventually changed its name to Crystal Pines Homeowners Association (HOA). CLLD attempted to execute a second deed to reflect the change of the Road Companyâs name to the HOA. The second deed stated that the HOA would be responsible for fixing the roads in Crystal Pines. In 1980, CLLD constructed a boat ramp that many of the homeowners used regularly. In 2004, CLLD gated and locked the boat ramp, and later conveyed title of the ramp to his son. The son then transferred title of the ramp to the Crystal Pines Yacht Club, which continued to keep the ramp locked from the residents. The HOA filed suit against Phillips, CLLD and the Yacht Club over who was responsible for maintaining Crystal Pinesâ roads, and for access to the boat ramp. The master-in-equity ruled in favor of the HOA, and Phillips, CLLD and the Yacht Club appealed. The Supreme Court found the deed in question unambiguous pertaining to who was responsible for fixing the roads. The Court found that CLLD and Phillips are not responsible for maintaining all of Crystal Pinesâ roads, only those roads they damage as a result of their development efforts. However, the Court found the mater did not err in finding that the HOA had established a prescriptive easement in its use of the boat ramp. The Court affirmed part and reversed part of the lower courtâs decision, and remanded the case for further proceedings on that which it reversed.