5D02-899 Huntington on the Green v. Lemon Tree I-Condo

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-899

Case Date: 01/05/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

HUNTINGTON ON THE GREEN CONDOMINIUM, ETC., Appellant/Cross-Appellee, v. CASE NO. 5D02-899

LEMON TREE I-CONDOMINIUM, ETC., Appellee/Cross-Appellant. / Opinion filed January 9, 2004. Appeal from the Circuit Court for Orange County, Walter Komanski, Judge. Robyn M. Severs and Robert L. Taylor of Taylor and Carls, P.A., Maitland, for Appellant/Cross-Appellee. John A. Leklem of John A. Leklem, P.A., Orlando, for Appellee/Cross-Appellant.

THOMPSON, J. Huntingtonon the Green Homeowner's Association ("Huntington") appeals a finaljudgment in favor of Lemon Tree Condominium I Association ("Lemon Tree"). We reverse and remand for entry of judgment

in favor of Huntington.1 The Huntington property and the Lemon Tree property both abut a development known as Alhambra. When Alhambra's developer decided to build additional residential units on its property, Huntington and Lemon Tree, along with area civic associations, joined forces to stop the addition to the development. The groups Huntington, Lemon Tree, and the civic associations, were not successful in stopping the addition, but they did extract concessions from Alhambra's developer. During settlement negotiations, the developer agreed, among other things, to give the county a green space and to build a buffer wall between its property and the Huntington property

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