Shepherds Hill Homeowners Association, Inc. v. Shepherds Hill Development Co., LLC

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2014-0306, Shepherds Hill Homeowners
Association, Inc. v. Shepherds Hill Development Co., LLC, the
court on April 2, 2015, issued the following order:

Having considered the briefs and oral arguments of the parties, the court
concludes that a formal written opinion is unnecessary in this case. The
defendant, Shepherds Hill Development Co., LLC, appeals an order of the
Superior Court (Colburn, J.) granting summary judgment in favor of the
plaintiff, Shepherds Hill Homeowners Association, Inc. The trial court
concluded, as a matter of law, that the defendant’s February 22, 2013
amendment to the condominium declaration, which created three “Land Only
Units” from undeveloped portions of the condominium common area: (1) did
not create “unit[s]” as defined in RSA 356-B:3, XXIX (2009); (2) violated the
express wording as well as the spirit of RSA 356-B:23, III (2009), which states
that a developer has no more than ten years to convert convertible lands; (3)
violated two purposes of the New Hampshire Condominium Act, RSA ch. 356-B
(2009) – to protect buyers and establish reasonable expectations among
parties; and (4) violated both the plain wording and spirit of the condominium
declaration. On appeal, the defendant argues that the trial court erred by not
finding that: (1) valid and legal land units were created by the amendment; (2)
the amendment complied with RSA 356-B:23; and (3) the amendment was
consistent with the condominium declaration. We affirm.

As the appealing party, the defendant has the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s well-reasoned order, the defendant’s challenges to it,
the relevant law, and the record submitted on appeal, we conclude that the
defendant has not demonstrated reversible error. Id.

Affirmed.

DALIANIS, C.J., and HICKS, CONBOY, LYNN, and BASSETT, JJ.,
concurred.

Eileen Fox,
Clerk