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July 22, 2024, 12:58 pm

Tami Locke - Vice President. 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. They appreciate the good traffic and great neighbors. South winds 15 to 20 mph. The judgment is affirmed. She is retired but remains active in the insurance industry as a consultant and involved in the Arts in downtown Dayton. 9513 Free Short PikeCamden, OH, 45311. Union County (Marysville).

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Respondent established that the assessments were properly made in accordance with the restrictive covenants, that Appellants were landowners that had notice of the assessments, the amount of the assessments and interest, and that Appellant had not paid these amounts. By clicking here, or call at. To this day, there is no single homeowner's association that represents all the residents who live in what is now considered the Deer Run subdivision. A Planned Development (PD) is a zoning designation. 9513 Free Short Pike. 57 acres must remain open/green space. The law is clear in Missouri: "The nature of the title conveyed under a deed of trust was well set forth in City of St. Louis v. Koch, 156 S. 2d 1, 5[3, 4](): 'A deed of trust in the nature of a mortgage given on land to secure the payment of a debt is held to be "a lien and nothing more. The camping site or the pitch, where the vehicle is parked generally support a number of facilities like- Drinking water connection, AC power connection, Sewer connection, television, telephone & Wi-Fi connection. Similarly, the restrictive covenant granted the trustees the power to engage Deer Run Property Owners Association as their agent.

Respondent requested damages based on the past due assessments and interest thereon, and requested attorney fees. Delaware County (Delaware). Each development has its own distinct name, personality, and homeowner's association. The parties acknowledge that there still are unsold lots, as well as sold lots without residences. 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. Richland County (Mansfield). Appellants merely asserted in their answer to the motion for summary judgment, "Defendants deny it is undisputed it was the sole owner of the real estate involved this [sic] action.

Appellants have never contended otherwise. R. L. Sweet Lumber Company v. E. Lane, Inc., 513 S. 2d 365, 368 (Mo. The Village at Deer Run.

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The debt is the essence of the mortgage, the lien a mere incident that follows it as a shadow․" ' ". He is also a veteran. The total acreage of the Deer Run Planned Development is 1038. 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. " Montgomery County (Dayton). The original housing tract was created by a developer named Dick Bond.

However, it is possible that a PD covenant can be amended or overturned by the County Commission if a majority of the five-member board votes to rezone or approve a major land use change to the PD. Intersection: Magill Rd and County Road 37/Deer Run Dr. What is your departure address? Marion County (Marion). I volunteer each Monday at Hospice of Dayton and at a local drug treatment center in Morain Ohio. The error of this argument is addressed above.
The golf course currently encompasses approximately 2/3 of the open/green space in the PD. They claim this lack of written documentation violates the statute of frauds, and, therefore, any purported transfer of power is unenforceable. It is merely the right to have the debt, if not otherwise paid, satisfied out of the land. First, the CDD provides landowners consistently high levels of public facilities and services managed and financed through self-imposed fees and assessments. Tom and Rhoda moved to Deer Run in 2018. Appellants and Respondent filed a statement of stipulated and disputed facts. He and his wife Pam have been residents since October 2014.

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A professional manager implements the policies of the Board. The CDD makes it possible for our community to offer the most desirable elements of a master-planned community. According to the Seminole County Land Development Code, a minimum of 259. Monday... Mostly sunny. "I enjoy the walking paths, the diversity of people, location and beautiful homes". This consistent and quality-controlled method of management helps protect the long term property values in a community. Appellants stipulated to receiving notice of the assessments, and to the particular amounts assessed against them. "The key to summary judgment is the undisputed right to judgment as a matter of law; not simply the absence of a fact question. " Wood County (Bowling Green). A second phase of housing was added to the original tract by 1978 (Sterling Park II). London v. Handicapped Facilities Board of St. Charles County, 637 S. 2d 212, 215 ( E. 1982).

See how your business appears on Google, Yelp, Facebook and other Search Engines. The funding of this budget is levied as an operating and maintenance assessment on your property by the Board of Supervisors. Architectural Request. It officially closed for business on Memorial Day in May 2019.

So viewed, it is neither an estate in land, nor a right to any beneficial interest therein.

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