America Condo. Ass’n, Inc. v. Mardo

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Goat Island South Condominium (GIS) was comprised of three subcondominium residence areas - Harbor Houses Condominium (Harbor Houses), America Condominium (America), and Capella South Condominium (Capella). The Constellation Trust owned Unit 18 in Harbor Houses. Plaintiffs, America and Capella, filed an action against Defendants, the trustee of the Trust and Harbor Houses, seeking injunctive relief to bring a halt to the expansion of Unit 18 onto a limited common element. The trial justice concluded (1) Defendants were liable for breach of contract and for committing a common law trespass, (2) Plaintiffs’ allegation that Defendants breached restrictive covenants contained in the GIS Second Amended and Restated Declaration of Condominium (GIS SAR) was moot, and (3) Plaintiffs were not entitled to attorneys’ fees. The Supreme Court affirmed in part and vacated in part, holding (1) the trial justice erred in failing to award attorneys’ fees and costs to Plaintiffs based on the terms of the GIS SAR; and (2) the trial court did not otherwise err in its judgment. View "America Condo. Ass’n, Inc. v. Mardo" on Justia Law