Jeanette Wescott v. Burtonwood Manor

Plaintiffs Jeanette Wescott and Melvin and Betty Gaugh appeal following the trial court's order granting a motion for summary judgment dismissing plaintiffs' claim for damages and entering an order for a mandatory injunction to remove the flood retaining walls and the glass greenhouse covers from the common elements. We affirm. The source of this dispute stems from the building of retaining floodwalls and greenhouse covers on the common elements of Burtonwood Manor Condominiums. Plaintiffs contend the Burtonwood Manor Condominium Association failed repeatedly to address their flooding problem. Plaintiffs presented a proposal to the Board of Managers on August 15, 1980 requesting permission to build concrete retaining walls to protect their units from flooding. At this meeting, one board member stated on the record his willingness to help plaintiffs solve their flooding problem.