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Carrollsburg v. Anderson

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Argued January 2, 2001

In Taylor v. Eureka Inv. Corp., 482 A.2d 354 (D.C. 1984), we held that the owners of town house units in Carrollsburg Square, in the Southwest section of the District of Columbia (“Carrollsburg Square owners” or “appellees”), who maintained that they had a right to park without charge in an underground garage in the nearby Carrollsburg high-rise apartment building condominium (“Carrollsburg Condominium”) due to a parking easement, “were entitled to judgment as a matter of law.” We stated that “[t]he covenant clearly does not suggest that the [grantors] granted the parking easement in consideration for a monthly fee,” id. at 358, but that on the contrary, “the owners granted the parking rights . . . in exchange for the zoning exception.” Id. Accordingly, “[t]he subsequent owners of the servient estate cannot now claim a right to additional compensation.” Id. at 359.

Some fifteen years after our decision in Taylor, supra, a new dispute arose when the Carrollsburg Condominium Unit Owners Association (the “Carrollsburg Condominium Association” or “appellants”) sought to impose a maintenance fee on the Carrollsburg Square owners for the upkeep of the underground parking garage in the Carrollsburg Condominium. The dispute intensified when the Carrollsburg Condominium Association relocated access to the underground parking from the interior lobbies and elevators of the Carrollsburg Condominium to exterior ramps.

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