Robin W. Thompson, et al. v. The Cranberry Bay Homeowner's Association, Inc., et al.

Newark, Ohio real property law lawyers represented the parties in a condo law dispute.



The Thompsons and Bumgardners are both property owners in the Cranberry Bay subdivision of Buckeye Lake. CBHA is a private homeowners association. In 2007, CBHA was conveyed a strip of shoreline property on Buckeye Lake. At the time CBHA received the property, various homeowners held licenses to waterfront spaces by which they could access the lake. Some spaces included previously constructed docks, while others did not. Around the same time as the property conveyance, CBHA entered into an agreement with the Ohio Department of Natural Resources (hereinafter "ODNR") which enabled CBHA to grant individual licenses to allow property owners to continue to access Buckeye Lake. These licenses are named Dock Use Indemnity License Agreements (hereinafter "DUILA"). The DUILAs require preapproval of dock construction or modification by the CBHA.



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Legal issue Did the trial court err in granting summary judgment on claims for conversion and indemnification involving dock ownership and licensing in a homeowners association dispute?



Key Phrases Summary judgment. Conversion claim. Indemnification clause. Counterclaim leave of court. Attorney fees.

Affirmed