HARPETH CREST HOA v. CYPRESSBROOK COLEY DAVIS, GENERAL PARTNERSHIP - Articles

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HARPETH CREST HOA v. CYPRESSBROOK COLEY DAVIS, GENERAL PARTNERSHIP

Posted by: Azya Thornton on May 5, 2025

Court: TN Court of Appeals

Attorneys 1: Jason D. Holleman, Nashville, Tennessee, for the appellant, Harpeth Crest Homeowner’s Association.

Attorneys 2: Peter C. Sales and Benjamin A. Johnson, Nashville, Tennessee, for the appellee, Cypressbrook Coley Davis, General Partnership.

Judge(s): ARMSTRONG

This case involves a disputed easement. Appellant filed a complaint for declaratory judgment asking the trial court to conclude that Appellee did not possess an easement over Appellant’s property. On cross motions for summary judgment, the trial court concluded that: (1) Appellee had an express easement appurtenant over Appellant’s property; and (2) an increase in traffic due to the normal development of Appellee’s property did not overburden the easement. Discerning no error, we affirm.

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