Harbour Pointe LLC v. Harbour Landing Condominium Association, Inc., No. NNHCV074025338S, Conn. App. Ct., February 22, 2011
Use Restrictions: In an unreported opinion, a Connecticut appeals court upheld a finding that a utility easement reserved to the declarant in a condominium declaration stated that the easement could only be extinguished if future phases of the expansion property were completed.
Harbour Landing is an expandable condominium in New Haven, Conn. The declaration recorded in 1983 sets out five phases for expansion and development. Each phase comprises a different parcel of land as described on the recorded subdivision plat. Currently, the condominium is located on the property described as Phases I and II on the plat, and Harbour Pointe owns the adjacent property, described as Phases III, IV and V on the plat. The declarant, Harbour Landing Development Corporation, reserved to itself an easement over Phase I to complete development of Phases II through V. Section 11A of the declaration provides: