Westmoreland Ass'n, Inc. v. West Cutter Estates Ltd.

173 A.D.2d 144 (1992)

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Westmoreland Ass'n, Inc. v. West Cutter Estates Ltd.

Supreme Court of New York, Appellate Division
173 A.D.2d 144 (1992)

Facts

An area of about 320 residential lots in Queens and Nassau counties were subject to a restriction which prohibited any buildings from being located closer than 20 feet from the front line of any lot. West Cutter Estates, Ltd. (West) (defendant) sought to build homes on three of these lots but with setbacks of only 15 feet. Westmoreland Association, Inc. (Westmoreland) (plaintiff), a homeowners’ association formed to maintain and enforce covenants and restrictions applicable to the area, sued to enjoin West from constructing the homes. Membership in the association was automatic for the owners or residents of the area. The trial court ordered West to halt construction. West appealed, contending that Westmoreland did not have standing to sue because Westmoreland did not have an ownership interest in any of the properties.

Rule of Law

Issue

Holding and Reasoning (Kunzeman, J.)

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