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3rd DCAJanuary 4, 2023Reversed and Remanded⭐ Notable

7 at Blue Lagoon (1), LLC v. Blue Lagoon Condominium Association, Inc.

Case No. 3D2021-1731

The Third District reversed a final judgment that had construed a 1997 Agreed Permanent Injunction enforcing a non-exclusive ingress/egress easement to bar the servient owner's proposed condominium development because it would increase traffic. Applying whole-text and contextual canons, the court held that 'interfering' in the Injunction means obstruction of access—not traffic delay—because the Injunction merely enforces the Easement and arose from physical obstructions (dirt and rock piles). Judgment was directed for the servient estate owners.

Key facts

  • 7 at Blue Lagoon, LLC sought to develop property subject to a 1997 Agreed Permanent Injunction enforcing a non-exclusive ingress/egress easement in favor of Blue Lagoon Condominium Association, Inc.
  • The trial court construed the Injunction to bar the proposed condominium development because it would increase traffic on the easement.
  • +2 more key facts with a free trial

Why it matters

Useful authority for real property and injunction practitioners: it confirms that an injunction enforcing an easement is co-extensive with the easement's terms and cannot be stretched by a broad dictionary reading of… — full analysis with a trial

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